Do we care or have a choice?
Article by Claire Park
While some companies still believe that this framework should remain the main method of “protecting” consumer privacy, there is growing consensus among privacy experts, civil society organizations, legislators, and some FTC commissioners that it’s time to move beyond it. Notice and consent is too weak in practice to meaningfully shield individual privacy. Instead, we need comprehensive privacy legislation that will empower individuals with explicit user rights over their data, and provide strict limits on how private entities handle that data.
Notice and consent is inadequate both in informing individuals and in protecting their privacy. Few ever read the lengthy and legalistic policies attached to the products, apps, and services we use every day, which seem to stretch for pages on end. Indeed, artists taking aim at terms of service have found that policies for major services like Instagram could take over an hour to read—even assuming people without legal training would be able to decipher them—and cut a darkly comic picture when printed out and displayed in their full length. Not only does reading all these notices waste time, but a 2015 study also revealed that privacy policies do not sufficiently disclose all possible data practices, and they are sometimes deliberately silent on, for instance, what subject areas of information they collect.
Even if notices were both comprehensive and easy to understand, it is practically impossible for individuals to provide meaningful consent. The sheer number of entities collecting, using, and sharing personal data, along with the fact that people are not engaging directly with most of those entities, means that people cannot effectively weigh the costs and benefits of revealing information or permitting its use or transfer in most cases.
We need a new approach. Congress must enact legislation that will provide individuals with rights over their information and limit how companies may use personal data. Adopting explicit use restrictions for data, as well as defining the rights of users over their own data, will protect privacy better than the current notice and consent framework does. Transparency alone is insufficient. Even if people knew what data was being collected and for what purposes, it’s unclear how an individual can change what a company is doing with their data.
Use restrictions, on the other hand, recognize that knowing what is happening is different from doing something to change what is happening. Creating distinct guidelines for what companies can and cannot do with data puts the burden on them to adopt better privacy-enhancing practices. Those collecting and processing data are also in a better position than individuals to see how these tools and practices can be harmful.
Privacy legislation should require companies to assess what data they actually need in order to provide the services they offer, and only permit them to collect this required data. A restriction on collecting unnecessary data would significantly limit companies’ data collection, reducing risks to individual privacy from the get-go. Further, limitations on how companies can use data, such as prohibiting “secondary uses” beyond the purpose for which the information was originally collected, would put the onus on companies to behave better with personal information.
A new privacy regime should also explicitly prohibit discrimination against individuals through data practices. Studies have shown that digital data can be used to discriminate against members of protected classes and perpetuate historical patterns of discrimination. Legislation should also limit the extent to which companies can sell users’ information; this can help protect personal data by limiting the number of companies and other organizations that have access to it, and providing users with greater control over their information. For example, the California Consumer Privacy Act, which went into effect January 1st of this year, provides individuals with a “right to opt out” of the sale of their information, and requires that businesses inform people of this right. Such explicit guidelines on the collection, use, and sale of data also would obligate companies to affirmatively assess their systems enabling them to detect potential problems and preempt problematic data practices.
While use restrictions would reduce the onus on individuals to protect their data and transfer much of that responsibility to companies, it is also important that privacy legislation clarify users’ rights. User rights would specify what actions an individual can take to control how companies collect or use their data. Unlike notice policies, which only serve to inform individuals of what will happen to their data, granting rights to users would empower people to limit access to their own personal information and control how it may be used. As OTI has previously pointed out, giving users the rights to access, correct, delete, and port their data, would not only inform them of which entities have their personal information, but would also allow them to have real choices about practices surrounding their data.
Several recent bills also provide some examples of what user rights can be included in legislation. The Consumer Online Privacy Rights Act of 2019 would provide individuals with specific data privacy rights they can assert against private entities, including the rights to opt-out of the transfer of data, port their data, and delete and/or correct collected data. The Privacy Bill of Rights, introduced in April 2019, also includes specific user rights like rights to access, correct, delete, and port data. The Online Privacy Act of 2019 introduces rights to access, correction, deletion, and porting, as well as a right for individuals to review automated decisions.
Under a notice and consent legal framework, individuals today have no real choice in how their personal information is managed. They should, however, be able to exercise autonomy with specific user rights to their personal data. Additionally, entities collecting, using, sharing, and monetizing personal information must be held responsible for handling that data in a way that respects individual privacy. It is time to move away from the false promise of the notice and consent framework, and adopt a new privacy paradigm that ensures people have specific rights over their data, as well as imposes meaningful data use restrictions on companies.
Last updated: February 12, 2021
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First of all… Welcome 🙂
Thank you for your interest and support for our shop and products. Let me introduce you to the gang…
• Steve Stachini – Owner / Creative Director
Please feel free to contact me via WhatsApp +34 634 325 196 at any time with any questions or requests. I live to create and design for all applications, web, print, wrapping… and offer a wide range of art and graphic related products and services.
• Charity Stachini – Fashion Designer / Artist
Owner of Ji-ai Fashion House (Uganda/Spain). Specialising in authentic African design with a modern European twist. Part of the Madrid World Vision Fashion Show and currently collaborating on an exciting Bowie fashion range. Instagram @JiaiFashion
• Roberto Castillo – Professional Photographer / Drone Pilot
Professional photographer and licensed drone pilot. Taking charge of event, modelling and marketing photo and video productions. With his own business GandiDron, Roberto also works freelance for both private and commercial clients. A true brother!
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We do not accept returns, exchanges, or cancellations. All items are made to order specifically for the purchaser so we cannot cancel any orders after an initial 24 hour grace period from the time of purchase. However please contact us if you have any problems or question. We are here to help.
Because our work is bespoke and made or printed to order. So as soon as you have placed your order, then both parties are committed to the transaction.
Yes, please let us know your requirements and we shall be happy to assist and provide for your needs.
Yes, we also fit bespoke wall art installations around the world at absolutely any size, to suit suit any environment, office spaces, homes, public areas, and we also vehicle wrap and much more.
Yes, I collaborate with both business and private clients for custom installations worldwide.
Yes, digital versions are available in different sizes. After purchase we will email you a direct download link which will contain the purchased file.
Your purchase will be recorded, registered and you will receive signed documentation from the creator Steve Stachini providing you with the permission of use details.
No, please allow 3-8 days for your product to be ready for shipping, then add the shipping time. This depending on your country and product ordered. However, we shall keep you informed as much as possible.
Yes we can offer matt or gloss high quality self adhesive vinyl prints, high quality paper prints, fabric prints and more, as well as PVC banner prints at the same price, please let us know at the time of ordering. Our self adhesive vinyl prints are suitable for indoor and outdoor applications.
We only use print media products from 3M, Hexis, Avery, Arlon, Oracol and isee2 – Only the best quality manufacturers.
Yes we can, however this adds a great deal of extra cost to yourself and especially for shipping which would be very expensive.
However, our framing technique is second to none, using our own devised aluminium system.
For reasons of cost to you, we advise sourcing a local framing service or simply mount the canvas over a solid sheet of wood. This works perfectly well, it is quick and easy, and gives a beautiful smooth finish.
ONLY with a certified, sign and registered document which we can provide. All the information comes with our Digital Downloads. Unauthorised use will result in legal action.
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