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Informed Consent: Mission (Im)possible and other risk remedies in data processing

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Research Paper by
Nikiforov Liubomir

18.10.2022


GDPR needs precision and improved consent mechanism, ensuring transparency and algorithm understanding.


Abstract

The European General Data Protection Regulation (GDPR) has been a recurrent target of academic and policy analysis even before its entering into force in 2018. This policy paper continues further those discussions by studying the mechanism of informed consent, in particular, for automated data processing. We review briefly consent’s history and draw a parallel with consent for medical purposes. Next, we describe current legal framework underpinning consent-based automated data processing in order to point out the challenges thereof. Those include the moment and magnitude of human intervention, users’ understanding of the automated decision-making process as well as the externalities of increased transparency. Based on this paper, we recommend that a revision of the Arts 15 and 22 of the Regulation and further development of the guidelines on the design of consent notices.


About the author

For the past couple of years, Liubomir Nikiforov has been a PhD candidate researching on data protection, transparency and digital rights for a more transparent, fair and accountable digital society. Before that, he graduated from the European Master in Law and Economics, where he has awarded the Deutschlandstipendium. He is an ICANN fellow and active member of the University of Barcelona PhD community.


#digitaldemocracy, #consent, #AI, #dataprotection, #privacy, #GDPR, #transparency, #explainability


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