[PDF] A Framework For Evaluating Consumer Information Regulation eBook

Author : Bruce H. Kobayashi
Publisher :
Page : 0 pages
File Size : 14,19 MB
Release : 2015
Category :
ISBN :

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The debate over the regulation of consumer marketing information so far has focused on what form any such regulation should take. Despite the lack of consensus on the basic framework for allocating rights to use consumer marketing information, there seems to be broad consensus that any regulation should be promulgated at the federal level. Privacy advocates have stressed uniform federal law as a solution to the potential for under-regulation by the states. Firms have advocated uniform federal law as a solution to the problems of over-regulation by some states and having to comply with multiple and inconsistent state laws. This paper argues that the focus on a uniform federal solution is misguided. Given the lack of consensus on a basic framework for allocating rights in this area, it would be counterproductive to straightjacket emerging technologies and business practices with a federal law. Rather, consumer marketing information is best regulated at the state rather than the federal level. A process of state experimentation, competition and evolution would allow discovery of appropriate and comprehensive responses to problems concerning consumer marketing information, in contrast to the growing patchwork of federal laws that inhibit the development of such responses. A state law approach will not lead to over-or under-regulation as some have predicted as long as merchants and consumers can contract for the applicable law and forum. Contractual choice of a jurisdiction that under-regulates privacy is constrained by market forces and by the political forces within that state. Enforcement of contractual choice of law and forum would allow firms and consumers to agree to the application of a particular state's law, thereby eliminating the costs of having to comply with inconsistent or excessively burdensome state laws.

Author : Antonio Davola
Publisher :
Page : 0 pages
File Size : 35,99 MB
Release : 2022
Category :
ISBN :

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Nowadays, it is vastly acknowledged that the majority of business-to-consumer (B2C) interaction is based on consumer profiling, and that individuals' data is increasingly used as a tool to elaborate and deliver personalized products and services. Risks related to unregulated abuse of personalized commercial practices are present and significant: using personalizing technologies to match individual users to target audiences and even to create predictive profiles might result inter alia in violation of users' data protection and privacy, unjust discrimination based on the analysis of protected factors, and manipulation of consumers' decision-making in detriment of their competitors. It is no surprise, therefore, that in recent times profiling and micro-targeting came at the centre of the scholarly and regulatory debate. In the European framework, the capability of the General Data Protection Regulation (GDPR) to provide effective regulation of the data management and processing methods implemented in profiling algorithms has been thoroughly inspected; also, competition law was identified as a tool potentially able to tackle the structural distortions caused by personalized practices occurring at market level. Personalized practices are taken into major consideration also in currently in-development regulatory projects, such as the Proposal for a Regulation on Artificial Intelligence. Lastly, a substantive body of literature focused on the role that consumer and private law can play in empowering individuals against these phenomena. Within such a heterogeneous framework, a common perspective across the different viewpoints seems nevertheless to be found: given the capacity of microtargeting to potentially undermine users' autonomy, the success of the regulatory intervention depends primarily on people being aware of the personality dimension being targeted and on the modes of disclosure. Yet, all the attempts to rethink disclosure across regulations are still based on the individualized-format of the model, focusing on the sole relationship between the professional operator and its counterparty, that characterizes existing rules. A consideration of a “relational dimension” of decision-making is largely absent in the current framework for consumer protection, and is missing in the debate on regulating personalization as well. In light of these aspects, the article defends that consumers' awareness and understanding of personalization and its consequences could be improved significantly if information were to be offered according to a relational format. The article reports the result of a study conducted in the streaming service market, in which we show that when information is presented in a relational format, people's knowledge and awareness about profiling and microtargeting is significantly increased, and consumers understand with better clarity what these techniques are, how they function, and are consequently more open to evaluating if they want their information to be acquired.

Author : Committee to Ensure Safe Food from Production to Consumption
Publisher : National Academies Press
Page : 209 pages
File Size : 36,7 MB
Release : 1998-09-02
Category : Medical
ISBN : 0309593409

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How safe is our food supply? Each year the media report what appears to be growing concern related to illness caused by the food consumed by Americans. These food borne illnesses are caused by pathogenic microorganisms, pesticide residues, and food additives. Recent actions taken at the federal, state, and local levels in response to the increase in reported incidences of food borne illnesses point to the need to evaluate the food safety system in the United States. This book assesses the effectiveness of the current food safety system and provides recommendations on changes needed to ensure an effective science-based food safety system. Ensuring Safe Food discusses such important issues as: What are the primary hazards associated with the food supply? What gaps exist in the current system for ensuring a safe food supply? What effects do trends in food consumption have on food safety? What is the impact of food preparation and handling practices in the home, in food services, or in production operations on the risk of food borne illnesses? What organizational changes in responsibility or oversight could be made to increase the effectiveness of the food safety system in the United States? Current concerns associated with microbiological, chemical, and physical hazards in the food supply are discussed. The book also considers how changes in technology and food processing might introduce new risks. Recommendations are made on steps for developing a coordinated, unified system for food safety. The book also highlights areas that need additional study. Ensuring Safe Food will be important for policymakers, food trade professionals, food producers, food processors, food researchers, public health professionals, and consumers.