What Makes Personal Data Processing Permissible? (joint work with Lichelle Wolmarans)
Abstract: Standard “notice-and-consent” regimes for the use of personal data on social networking sites (SNS) are problematic. Due to the complexity of the notices, the frequency with which users are asked to consent, and the presence of decision-making biases, many users consent without proper understanding or consideration. As a consequence, the consent given by SNS users does not meet the conditions for morally transformative consent according to the canonical Autonomous Authorization view. One response would be to require that users’ consent be an autonomous authorization. We criticize this idea. First, Autonomous Authorization is not always necessary, since it sets the bar for understanding too high and would create undue barriers to access to SNS. Second, Autonomous Authorization is not sufficient, because it ignores both the power imbalance between users and SNS and the social effects of personal data processing. We argue that these problems can be solved by ensuring that users have valuable opportunities to access SNS. On this view, we should ensure that a diverse set of users, with different tastes and decision-making abilities, can pursue their interests on SNS in a manner that strikes a balance between the benefits provided and the private and social risks of personal data processing. This view requires regulating SNS so that (i) a wide variety user types can reasonably be expected to make choices regarding their personal data that are in their interests; and (ii) the collective impact of these choices is acceptable.
When
Thu Dec 12, 2019 4am – 5:30am Coordinated Universal Time
