Disclosures in Privacy Policies: Does 'Notice and Consent' Work?

NIPFP Working Paper Series, WP No. 246, 2018

45 Pages Posted: 13 Feb 2019

See all articles by Rishab Bailey

Rishab Bailey

xKDR Forum

Smriti Parsheera

Indian Institute of Technology (IIT), Delhi; CyberBRICS Project, FGV Law School

Faiza Rahman

University of Melbourne - Melbourne Law School; National Institute of Public Finance and Policy

Renuka Sane

Trustbridge Rule of Law Foundation; National Institute of Public Finance and Policy

Date Written: December 11, 2018

Abstract

This paper evaluates the quality of privacy policies of five popular online services in India -- Google, Whatsapp, Uber, Flipkart and Paytm -- from the perspective of access and readability. We ask -- do the policies have specific, unambiguous and clear provisions that lend themselves to easy comprehension? We also conduct a survey among college students to evaluate how much do users typically understand of what they are signing up for.

We find that the policies studied are poorly drafted, and often seem to serve as check-the-box compliance of expected privacy disclosures. Survey respondents do not score very highly on the privacy policy quiz. The respondents fared the worst on policies that had the most unspecified terms, and on policies that were long. Respondents were also unable to understand terms such as “third party”, “affiliate” and “business-partner”. The results suggest that for consent to work, the information offered to individuals has to be better drafted and designed.

Keywords: privacy, privacy policies, disclosure, notice, consent, survey

JEL Classification: K00, D80, D86, K20, K30

Suggested Citation

Bailey, Rishab and Parsheera, Smriti and Rahman, Faiza and Sane, Renuka, Disclosures in Privacy Policies: Does 'Notice and Consent' Work? (December 11, 2018). NIPFP Working Paper Series, WP No. 246, 2018, Available at SSRN: https://ssrn.com/abstract=3328289 or http://dx.doi.org/10.2139/ssrn.3328289

Rishab Bailey

xKDR Forum ( email )

Smriti Parsheera (Contact Author)

Indian Institute of Technology (IIT), Delhi ( email )

CyberBRICS Project, FGV Law School ( email )

FGV Law School

Faiza Rahman

University of Melbourne - Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

National Institute of Public Finance and Policy ( email )

18/2, Satsang Vihar Marg
New Delhi, 110067
India

Renuka Sane

Trustbridge Rule of Law Foundation ( email )

New Delhi
India

National Institute of Public Finance and Policy ( email )

18/2, Satsang Vihar Marg
New Delhi, 110067
India

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
217
Abstract Views
1,047
Rank
224,346
PlumX Metrics