User engagement with data privacy and security through consent banners has become a ubiquitous part of interacting with internet services. While previous work has addressed consent banners from either interaction design, legal, and ethics-focused perspectives, little research addresses the connections among multiple disciplinary approaches, including tensions and opportunities that transcend disciplinary boundaries. In this paper, we draw together perspectives and commentary from HCI, design, privacy and data protection, and legal research communities, using the language and strategies of "dark patterns" to perform an interaction criticism reading of three different types of consent banners. Our analysis builds upon designer, interface, user, and social context lenses to raise tensions and synergies that arise together in complex, contingent, and conflicting ways in the act of designing consent banners. We conclude with opportunities for transdisciplinary dialogue across legal, ethical, computer science, and interactive systems scholarship to translate matters of ethical concern into public policy.
Read MoreJoin us at the 4th AAAI/ACM Conference on AI, Ethics, and Society - 19-21 May 2021!
Read MoreThis entry is an analysis of the fairness principle as provided for in Article 5(1)(a) of the General Data Protection Regulation. The analysis tracks this principle's uncertain contours and also points to its constitutional foundations with reference to Article 8 of the Charter of Fundamental Rights of the European Union.
Read MoreChildren and young people throughout the world have felt the effects of Coronavirus Disease 2019 and the decisions made in response to the public health crisis acutely. Questions have been raised about adequately protecting children’s privacy, as schooling, play and socialising went almost exclusively online. However, due to the historical lack of children’s rights being embedded throughout decision-making processes (including important participation rights), the effects of the increased surveillance as a result of the pandemic have not been thoroughly considered. This article pursues three objectives. First, it seeks to develop the literature on the enabling aspects of privacy for children in relation to education and play. Second, it seeks to expand the discussion on the exploitative risks endemic in not protecting children’s privacy, including not only violent harms, but commercial exploitation. Third, it suggests some policy responses that will more effectively embed a children’s rights framework beyond the ‘parental control’ provisions that dominate child-specific data protection frameworks.
Read MoreChildren's Rights and eSports.
Read MoreQUAD Tech Network, human rights and critical technologies.
Read MoreEmotional AI, Feminism and Human rights.
Read MoreA paper workshop that was co-hosted by Dr Damian Clifford RF of the HMI project at ANU, and Prof Jeannie Paterson, co-Director, CAIDE at University of Melbourne. Click through for more information or view a draft agenda here.
Read MoreThis report analyses the literature exploring the meaning of the fairness principle in EU data protection law. Fairness is included in both Article 8(2) of the Charter of Fundamental Rights of the European Union (the Charter) and Article 5(1)(a) of the General Data Protection Regulation (GDPR). Despite these foundations however, the fairness principle has been largely unexplored and remains broadly undefined in the data protection framework, case law and guidance literature.
Read MoreThis chapter, by Peggy Valcke, Damian Clifford, and Viltė Kristina Steponėnaitė, will appear in Constitutional Challenges in the Algorithmic Society, Giovanni De Gregorio et al. (eds) (Forthcoming CUP). It discusses legal-ethical challenges posed by the emergence of emotional artificial intelligence (AI) and its manipulative capabilities.
Read MoreThis article discusses personal data, personal information, internet of things, and consumer law.
Read MoreThere has long been debate within the scholarly literature around the role and the limits of consent in promoting welfare enhancing outcomes and the need for consent-based gate-keeping mechanisms to be supplemented by other protections. Moves to bolster consent within the field of consumer privacy, and indeed, the criticisms of relying on it, should be couched within this broader literature.
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