Colin MacArthur

2024-04-26 08:05:54

"Consent to use data" is often a total fiction! Can you completely read and deliberately agree to hundreds of privacy consent notices a month? Of course not! Yet, GDPR and much American privacy law assume that's true. I say it, and now a noted law professor says it: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4333743

Policy makers need to stop pretending that consent is a magic bullet for ensuring privacy. Instead, companies need to do right by their users BY DEFAULT, not based on boxes they check.

Murky Consent: An Approach to the Fictions of Consent in Privacy Law

Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent works “moral magic” – it transforms things that would be i

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