Privacy als Paradox? Rechtliche Implikationen verhaltenspsychologischer Erkenntnisse

Abstract

The privacy paradox describes the phenomenon in which people outwardly state that they value their privacy and data protection, but do not act on this self-assessment. Their inner attitude diverges from their actual behaviour: Despite the emphasised importance of privacy, many people disclose highly personal information about themselves at a low threshold or even without cause. This discrepancy between self-assessment and actual behaviour cannot go unnoticed by the law, especially in areas of AI and data protection, where various forms of regulation are being discussed. The privacy paradox does not have to remain a paradox. Privacy as a concept in the imagination of many people can cover an infinite number of facets that overlap only partially or not at all with concrete personal behaviour. The law does not yet adequately reflect these real conditions of privacy, as the example of data protection consent shows. The privacy paradox reinforces the demands for a different orientation of data protection from a highly personal good to collective effects and institutional responsibility.

Note: Downloadable document is in German.

Keywords: KI, Datenschutz, DSGVO, Privacy Paradox, Einwilligung, Rational Choice, Recht