Sunlight alone is not a disinfectant: Consent and the futility of opening Big Data black boxes (without assistance)

摘要

In our attempts to achieve privacy and reputation deliverables, advocating for service providers and other data managers to open Big Data black boxes and be more transparent about consent processes, algorithmic details, and data practice is easy. Moving from this call to meaningful forms of transparency, where the Big Data details are available, useful, and manageable is more difficult. Most challenging is moving from that difficult task of meaningful transparency to the seemingly impossible scenario of achieving, consistently and ubiquitously, meaningful forms of consent, where individuals are aware of data practices and implications, understand these realities, and agree to them as well. This commentary unpacks these concerns in the online consent context. It emphasizes that self-governance fallacy pervades current approaches to achieving digital forms of privacy, exemplified by the assertion that transparency and information access alone are enough to help individuals achieve privacy and reputation protections.