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5 - Notice and Choice: The Allure and the Illusion

Published online by Cambridge University Press:  08 October 2021

Robert H. Sloan
Affiliation:
University of Illinois at Chicago Department of Computer Science
Richard Warner
Affiliation:
Chicago-Kent College of Law
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Summary

Privacy in public is a form of informational privacy. Informational privacy consists in the ability to control what others do with your information. You lack that control if you cannot give free and informed consent to how others process your information. How does one ensure free and informed consent across a sufficient range of cases? Our answer is that informational norms ensure that. That is not, however, the dominant legislative and regulatory answer, which is Notice and Choice. The Notice is a presentation of the terms governing the use of information. The Choice is an action signifying acceptance or rejection of the terms. Chapter 5 argues that Notice and Choice is clearly fails to ensure free and informed consent, and concludes that maintaining and creating norms is the most reasonable alternative.

Type
Chapter
Information
The Privacy Fix
How to Preserve Privacy in the Onslaught of Surveillance
, pp. 103 - 116
Publisher: Cambridge University Press
Print publication year: 2021

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