[PDF] No Consumer Is An Island Relational Disclosure As A Regulatory Strategy To Advance Consumers Protection Against Microtargeting eBook

Author : Antonio Davola
Publisher :
Page : 0 pages
File Size : 49,37 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 : Omri Ben-Shahar
Publisher :
Page : 0 pages
File Size : 18,84 MB
Release : 2016-04-22
Category : Consumer protection
ISBN : 9780691170886

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How mandated disclosure took over the regulatory landscape--and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

Author : Federal Trade Commission
Publisher :
Page : 26 pages
File Size : 37,75 MB
Release : 2014-11-20
Category : Advertising, false and misleading
ISBN : 9781503305090

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In the online marketplace, consumers can transact business without the constraints of time or distance. One can log on to the Internet day or night and purchase almost anything one desires, and advances in mobile technology allow advertisers to reach consumers nearly anywhere they go. But cyberspace is not without boundaries, and deception is unlawful no matter what the medium. The FTC has enforced and will continue enforcing its consumer protection laws to ensure that products and services are described truthfully online, and that consumers understand what they are paying for. These activities benefit consumers as well as sellers, who expect and deserve the opportunity to compete in a marketplace free of deception and unfair practices. The general principles of advertising law apply online, but new issues arise almost as fast as technology develops - most recently, new issues have arisen concerning spaceconstrained screens and social media platforms. This FTC staff guidance document describes the information businesses should consider as they develop ads for online media to ensure that they comply with the law.

Author : Federal Trade Commission
Publisher : Createspace Independent Pub
Page : 36 pages
File Size : 25,39 MB
Release : 2014-07-09
Category : Technology & Engineering
ISBN : 9781500452209

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The FTC has been examining the privacy implications of mobile devices since 2000, in the form of workshops, law enforcement actions, consumer education, testimony, and policy reports. On May 30, 2012, the FTC held a workshop entitled “In Short: Advertising and Privacy Disclosures in a Digital World.” The concluding panel at that workshop explored how privacy disclosures on mobile devices could be short, effective, and accessible to consumers.Based on more than a decade of work on mobile privacy issues and recent data obtained through panel discussions and comments, the Commission offers this staff report providing recommendations for best practices on mobile privacy disclosures. First, the report reviews the benefits and privacy risks of mobile technologies. Second, it discusses the FTC's efforts to address mobile privacy, as well as its research on disclosure issues generally. It then summarizes general themes raised by panel participants. Finally, it sets forth recommendations for best practices to key commercial players involved in the mobile arena – platforms, app developers, third parties such as ad networks and analytics companies, and trade associations. The recommendations are intended to promote more effective privacy disclosures.

Author : Hans-W. Micklitz
Publisher : Cambridge University Press
Page : 341 pages
File Size : 26,42 MB
Release : 2021-12-02
Category : Law
ISBN : 1108906923

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New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

Author : Martin Ebers
Publisher : Cambridge University Press
Page : 321 pages
File Size : 14,94 MB
Release : 2020-07-23
Category : Computers
ISBN : 1108424821

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Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.

Author : Colin Gavaghan
Publisher :
Page : 86 pages
File Size : 21,39 MB
Release : 2019
Category : Artificial intelligence
ISBN : 9780473474423

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"This is the first major report from the Artificial Intelligence and the Law Project. The overall focus of the report is on the regulatory issues surrounding uses of artificial intelligence (AI) in New Zealand. There are many types of AI systems, and many spheres within which AI systems are used (in New Zealand and beyond). Phase 1 of the project focuses on regulatory issues surrounding the use of predictive AI models in New Zealand government departments. As discussed in the report, while there are many types of AI model, the concept of a “predictive model” picks out a reasonably well-defined class of models that share certain commonalities and are fairly well characterisable as a regulatory target. The report specifically focuses on the use of predictive models in the public sector because the researchers want to begin by discussing regulatory options in a sphere where the New Zealand Government can readily take action. New Zealand’s Government can relatively easily effect changes in the way its own departments and public institutions operate. The report identifies and discusses a number of primary concerns: Accuracy, Human control, Transparency and a right to reasons/explanations, Bias, fairness and discrimination, Privacy. Individual rights are vital for any democracy but exclusive reliance should not be placed on individual rights models that depend on affected parties holding predictive algorithms to account. Often, individuals will lack the resources to do so. Furthermore, individual rights models might offer limited efficacy in monitoring group harms. With regard to oversight and regulation, one of the key recommendations of the report is that Government should consider the establishment of a regulatory/oversight agency. Several possible models for the new regulatory agency are proposed in the report. The new regulator could serve a range of other functions, including: Producing best practice guidelines; Maintaining a register of algorithms used in government; Producing an annual public report on such uses; Conducting ongoing monitoring on the effects of these tools. The report indicates preference for a relatively “hard-edged” regulatory agency, with the authority to demand information and answers, and to deny permission for certain proposals. However, even a light-touch regulatory agency could serve an important function. The researchers stress the need for consultation with a wide range of stakeholders across New Zealand society, especially with populations likely to be affected by algorithmic decisions, and with those likely to be under-represented in construction and training. This is likely to include those in lower socio-economic classes, and Māori and Pacific Island populations. Quite simply, they are likely to have insights, concerns and perspectives that will not be available to even the most well-intentioned of outside observers."--Publisher's website.