The inadequacy of individual informed consent
This week, an Australian college student noticed how data from Strava, a fitness-tracking app, can be used to discover the locations of military bases. Many outlets covered the news and its implications, including Wired and the Guardian. In the New York Times, Zeynep Tufekci’s editorial was characteristically insightful:
“Data privacy is not like a consumer good, where you click ‘I accept’ and all is well. Data privacy is more like air quality or safe drinking water, a public good that cannot be effectively regulated by trusting in the wisdom of millions of individual choices. A more collective response is needed.”
Samson Esayas considers the collective nature of data privacy from a legal perspective:
"This article applies lessons from the concept of ‘emergent properties’ in systems thinking to data privacy law. This concept, rooted in the Aristotelian dictum ‘the whole is more than the sum of its parts’, where the ‘whole’ represents the ‘emergent property’, allows systems engineers to look beyond the properties of individual components of a system and understand the system as a single complex... Informed by the discussion about emergent property, the article calls for a holistic approach with enhanced responsibility for certain actors based on the totality of the processing activities and data aggregation practices."
- A Twitter note on Strava from Sean Brooks: “So who at Strava was supposed to foresee this? Whose job was it to prevent this? Answer is almost certainly no one…I’ve always hated the ‘data is the new oil’ metaphor, but here it seems disturbingly accurate. And ironically, organizations with something to hide (military, IC, corporate R&D) have the resource curse. They want to benefit from the extraction, but they also have the most to lose.” Link.
- We mentioned Glen Weyl last week as a noteworthy economist engaging with ethical issues (see Beatrice Cherrier’s Twitter thread). A speculative paper he co-wrote on "data as labor" imagines a world in which companies paid users for their data. (We find the framing "data as labor" slightly misleading—Weyl's larger point seems to be about data as assets—the product of labor.) Link. ht Chris Kanich for bringing the two threads together on Twitter.
- This Economist article also covers Weyl's paper: “Still, the paper contains essential insights which should frame discussion of data’s role in the economy. One concerns the imbalance of power in the market for data. That stems partly from concentration among big internet firms. But it is also because, though data may be extremely valuable in aggregate, an individual’s personal data typically are not.” Link.
- A potentially exciting aspect of the GDPR is the right to data portability: "A free portability of personal data from one controller to another can be a strong tool for data subjects in order to foster competition of digital services and interoperability of platforms and in order to enhance controllership of individuals on their own data." Link.