Widener Law Journal
Focusing on this final point, the goal of this essay is to describe both the current market in personal information and the privacy paradox as a product of market distortion. Part I identifies two unique phenomena that modify the conditions of the privacy paradox by creating new and powerful distortions in the market, thereby intensifying the rate and depth of personal data disclosure. The first is a transformation in social organization, which drives individuals to join social network sites and to disclose a great deal of personal information on those networks. The second is an alteration of the basic structure of the information exchange agreement that permits social networking sites to recede into the background as third-party beneficiaries to the social exchange of personal information. Part II addresses the necessity to account for the effect of these phenomena in the formation of privacy policies by briefly addressing various proposals for regulating the collection, storage, use, and transfer of personal information. This section argues that many of these proposals are misguided, either because they under-protect personal information by failing to adequately address the problems of valuation and consent or because they overprotect personal information by failing to adequately preserve functionality in socially valuable communications platforms. Part III attempts to briefly conceptualize the broad outline of a more workable solution that, rather than reforming the current notice-and-choice system of privacy protection, is guided by user expectations in imposing minimal restraints on the margins of data collection, storage, use, and transfer practices. Although a solution would impose certain boundaries on the scope of consent, significant space would remain for the negotiation and development of social norms around privacy practices.
Widener University School of Law
H. B. Holland,
Privacy Paradox 2.0,
Available at: https://scholarship.law.tamu.edu/facscholar/334