_______, a privacy issue, relates to the responsibility of controlling who is able to use data. This is a topic that many people are looking for. newyorkcityvoices.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, newyorkcityvoices.org would like to introduce to you Data Privacy and Consent | Fred Cate | TEDxIndianaUniversity. Following along are instructions in the video below:
You im gonna warn you right now. There no there no audiovisuals and part part of thats because if youre looking at someone i want you to looking at me and part of thats because after 30 years of working in technology. I dont trust it.
But dont worry i have i have note cards and when i told the organizers this they look slightly chagrined. But i said dont worry. Its only for the long boring quote.
So i want to use and the statistics that i want to bore the audience with and that made them feel a great deal better so let me say. When i heard the topic was entropy nothing came to mind faster to my mind than data because we are surrounded by data that seems to be falling out of control data being lost by corporations data being stolen from government agencies data that we are volunteering thats being collected about us billions of bytes. A day that seems hopelessly out of control.
And just to continue the focus on entropy it seems to be getting worse. So i thought what i might do this evening is talk about particularly the challenge of personal data and privacy so remember all of this data that we are talking about much of it we are volunteering we are posting those pictures of our delicious meals that we think our friends care about we are engaging in millions and millions of texts a second we are posting images and videos at a colossal rate at a rate that could not have been imagined. Its become almost meaningless to talk about the volume.
Because unless youre a computer scientists talking about things like petabytes and terabytes. I just start starts to add up to the point it means nothing. But it has a tremendous impact on our privacy.
It has a tremendous impact on this data thats being um that we are volunteering thats being collected about us in some cases. Its being calculated or inferred about us are you a good credit risk. Should you be able to buy that car are you somebody that we want to market to these may not even be data that really exists about you but rather that are being created the new york times reported in 2017 this begins.
The statistics that accompany youve never heard of not facebook not amazon not a company that trips off your tongue engages in 50 trillion personal data. Transactions a year thats buying and selling your data and mine every year. It seems completely out of control and along with it our privacy.
There are many reasons for this but the one that i want to focus on which i think will be i hope of interest to you and i think is a tiny bit controversial is the role that consent plays in data protection and privacy today. Modern privacy law. Really came about in the 1960s and it came about from an academic study.
So this makes people who work in universities. Very happy dr. Alan weston.
Who was at columbia university wrote his doctoral dissertation for which he later got funding to turn into a book. This sounds familiar. So far called privacy and freedom and in that book.
He defined privacy in a way that every country in the world. Now follows. And that is and i quote the claim of individuals groups or institutions to determine for themselves.
When how and to what extent information about them is communicated to others right by the 1990s every country had followed suit in fact in the new york times. William safire wrote accepting legitimate needs in law enforcement and public interest control of information must rest with the person himself now you might not care about alan weston or william safire. But the supreme court went along with this view as well and in 1988 and department of justice versus rapporteur committee.
Gave us the definition that we use today but the common law and the literal understandings of privacy encompass. The individuals control of information concerning his or her person now just quickly unless you. Think this is just a us.
Phenomenon. Europe and asia and many other countries have followed suit europe you may know enacted a new general data protection regulation. It took effect may 18 months ago.
And that regulation. Although theyre quick to say theyve not made the mistake that the us has made and focus so much on consent they use the term 108 times. Its still pretty important in california.
Which has adopted our most recent privacy law. The california consumer privacy act. Yet the law gives individuals the right to consent about uses of their data.
That are collected online well look this sounds like great i mean like who could be against consent in fact challenging consent seems totally counterintuitive in the world of privacy. Because privacy is after all so closely linked to ourselves and our autonomy. But for seven quick reasons.
I want to outline i think its both impractical and undesirable that we focus on consent and i think it explains why privacy law is in the dreadful state. It is today okay first think of the complexity of privacy notices you see them all the time you probably ignore them thats okay almost everybody does unless youre a lawyer and get paid to read them. But you go visit the doctor you get a privacy notice you log on to a website you get that little cookie privacy notice thats required by european law thats why you get it you know researchers like to count things and if you count for example paypals privacy notices.
Thirty six thousand two hundred and seventy five words thats by the way longer than hamlet itunes privacy policy comes to nineteen thousand nine hundred and seventy two words just longer than macbeth right one 2008 study calculated that to read the privacy policies of the forty or forty five. Most popular websites in the world would take an individual thirty full working days a year. So these notices are complex because the things in plex.
They are difficult to understand and we often just pass them by second they are often just inaccessible for example. How many of you have phones ok. Everybody has a phone in this audience.
Im gonna be willing to bet and every one of you could be recording right now despite that nice sign at the entrance. That says please dont record did you give me a notice that i can send to that did we discuss that in other words. How do you provide consent in environments in which youre in a group.
How about you walk down the streets of bloomingtons theyre their cameras. Now you consent to that how do we manage consent in a world in which data is being inferred about you or collected as as part of a group a third reason is that consent is proven incredibly ineffective mainly because people just ignore. It and i love this quote.
Thats why i carry it with me. The federal trade commission. Chairman.
Jon leibowitz back in 2009 and remember the ftc is the united states largest privacy regulator. Theyre the people who make the rest of us put notices and give consent. He said.
We all agree that consumers dont read privacy policies little troubling from the guy. Whos done more than anyone else on earth to make us have them in fact his predecessor ftc chairman. Timothy morris.
Commented at the end of 2001 about a new law that required more notices and consent opportunities in the financial services market and a chairman mirror. Said this acres of trees dyed to produce a blizzard of barely comprehensible privacy notices indeed this is a statute that only lawyers could love until they found out it applied to them too okay fourth. What we often find out is that the consent.
Were giving is entirely illusory. We have no choice try to update your iphone right theres a new software it comes out every couple of weeks if you dont update it quickly youre prompted to update it then it starts blocking it then it starts saying were gonna update it for you automatically then the phone stops working the first thing it does when you go to update. It is it said here are the seventy four screens of our privacy policy.
You can download it you can email it you can agree to it but you cannot not agree to it and thats ilusory consent thats meaningless that may make lawyers feel better in fact apple makes it pop up twice consent. Yes. And then it says do you really consent right.
The alternative being would you like us to turn your very expensive phone into a brick. Which is the alternative if you say no okay fifth. Theres a huge burden on individuals of all of these consent opportunities.
And what consent is often talked about as a right sometimes even a human right. Its realistically much more of a duty. Its much more of a burden on individuals and remember when you make that choice.
It has the legal effect of shifting the liability from the from the the data processor to you right. Its just like when you drive in the garage. And you take that ticket and on the back of it it says we have no liability for anything.
We can crush and mount your car. We can throw it out the the edge of the garage. Were not liable for anything that that may look like a right to you like you got the right to consent to that by driving in the garage.
But realistically. It was the imposition of a burden on you and on me and that burden is really quite significant at times. Because of the legal significance that can attach to those six choice often serves as an enormous disservice both to individuals and society.
Think about press coverage right do we really want up the president to have a right to privacy right. Now that only his consent will allow coverage of what hes been up to fraud prevention crime detection. Do we want to wait till the criminals consent so that we can use their data.
So what we do in these cases is we override the consent. We acknowledge the consent doesnt work research something close to my heart often depends on being able to use past data often in an anonymized fashion. Without going back and getting individual consent.
But finally and most importantly. The real challenge about consent is it leads to lousy privacy protection. Its not the same thing clicking.
I agree to i get privacy now you agree to terms that often eliminate your privacy you agree to broad terms that appear to have no limit. Were being asked to do things that we could never be asked to do in other consumer protection settings right imagine a consumer protection law. That said well you can always ask the consumer.
If its okay to defraud them we dont allow that we set rules and then we hold people to it we dont allow you to consent them away its own tempted to end there. But i wont i have four more things i want to say very quickly and thats because i want to say something positive. I dont just want to be a drain on your otherwise stimulating evening.
So what my we do that would look differently right so one thing would be less focus on consent and more on stewardship of data. If you collect my data. If you use my data and something goes wrong that causes harm you should be liable for it you cant shift that liability by asking me to consent to take it myself you would be the steward for my data.
And thats the way we treat other things thats the way. A lawyer is who acts on the best behalf of his or her client. Thats the way.
A banker is thats the way a doctor behaves. Why wouldnt we say if youre using my most personal information. You should be held to the same requirements.
You should be a steward you should be acting in trust of the person whose data youre using second. We might think more about what are the things we agree that can be done with data in normal circumstances. And what shouldnt be done with it stalking is out fraud is out well.
But something should be in you know bill collection fraud detection maybe even research if you want to keep the vice president for research happy theres some things we might be able to slide over into the generally permitted category. So long as you use good security and not have to burden people. By telling them the bleeding obvious like if i if you give me your credit card.
Im gonna use it to charge you money third we might think more about redress because no matter what happens somethings gonna go wrong. Thats the one thing. We know thats the one certainty in a world of entropy and right now we are often left in the cold.
When something does go wrong in fact we often learn about it from the newspaper and finally when we do ask for consent. Lets make it meaningful. Timely and effective and since ive criticized iphone.
Im gonna say something nice about them. Now you know that just in time message. Did you know this app was using your location data right now.
Thats kind of a useful prompt it gives you a chance to say no im gonna go in and shut that off i dont like that but using consent in all of these. Other settings has the unintended effect of making us tend to ignore. It when we could make meaningful effective choices that would protect our privacy.
Thank you very much you .
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