Individual Privacy Management

Media And Arts Law Review, Vol. 21, No. 3, p. 315, 2016

Victoria University of Wellington Legal Research Paper No. 79/2020

20 Pages Posted: 21 Sep 2020 Last revised: 15 Oct 2020

See all articles by Marcin Betkier

Marcin Betkier

Victoria University of Wellington - Faculty of Law

Date Written: May 29, 2016

Abstract

The brave new online world in which we live poses a challenge to our privacy. The laws which aim to protect it often rely on the mechanism of notice and consent as a means of authorising data processing. However, this appears to be an inadequate approach since people have difficulty weighing the costs and benefits of data transactions. The article identifies the reasons for this crisis of consent by analysing how the design of the online environment influences the outcome of transactions and shifts the balance towards the stronger party. It also shows which particular characteristics of the online environment are responsible for this imbalance.

Next, the article presents the concept of individual privacy management, which aims to address the described problems. It is a way of thinking about the whole process of data processing using methods derived from the classical school of business management. The article defines the necessary functions of individual privacy management and analyses conditions for their successful implementation. It concludes that individual privacy management is possible to implement and that it seems to be an efficient way to develop privacy protection which, in turn, may raise the level of trust in the digital economy.

Keywords: privacy, data protection, autonomy, surveillance, consent, notice and choice

JEL Classification: C80, D80, K12, K20, O33

Suggested Citation

Betkier, Marcin, Individual Privacy Management (May 29, 2016). Media And Arts Law Review, Vol. 21, No. 3, p. 315, 2016, Victoria University of Wellington Legal Research Paper No. 79/2020, Available at SSRN: https://ssrn.com/abstract=2796340

Marcin Betkier (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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