Individual Privacy Management
Media And Arts Law Review, Vol. 21, No. 3, p. 315, 2016
20 Pages Posted: 21 Sep 2020 Last revised: 15 Oct 2020
Date Written: May 29, 2016
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: Suggested Citation