From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy

Molitorisz, S; Meese, J; Hagedorn, J

From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy

Molitorisz, S

Meese, J Hagedorn, J

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Publisher:: Queensland University of Technology
Publication Type:: Journal Article
Citation:: Law, Technology and Humans, 2021, 3, (2), pp. 46-60
Issue Date:: 2021-11-08

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Field	Value	Language
dc.contributor.author	Molitorisz, S https://orcid.org/0000-0002-6825-3392
dc.contributor.author	Meese, J
dc.contributor.author	Hagedorn, J https://orcid.org/0000-0003-1572-0847
dc.date.accessioned	2021-12-16T00:29:37Z
dc.date.available	2021-12-16T00:29:37Z
dc.date.issued	2021-11-08
dc.identifier.citation	Law, Technology and Humans, 2021, 3, (2), pp. 46-60
dc.identifier.issn	2652-4074
dc.identifier.issn	2652-4074
dc.identifier.uri	http://hdl.handle.net/10453/152353
dc.description.abstract	<jats:p>For many privacy scholars, consent is on life support, if not dead. In July 2020, we held six focus groups in Australia to test this claim by gauging attitudes to consent and privacy, with a spotlight on smartphones. These focus groups included discussion of four case studies: ‘shadow profiles’, eavesdropping by companies on smartphone users, non-consensual government surveillance of its citizens and contact tracing apps developed to combat COVID-19. Our participants expressed concerns about these practices and said they valued individual consent and saw it as a key element of privacy protection. However, they saw the limits of individual consent, saying that the law and the design of digital services also have key roles to play. Building on these findings, we argue for a blend of good law, good design and an appreciation that individual consent is still valued and must be fixed rather than discarded - ideally in ways that are also collective. In other words, consent is dead; long live consent.</jats:p>
dc.language	en
dc.publisher	Queensland University of Technology
dc.relation.ispartof	Law, Technology and Humans
dc.relation.isbasedon	10.5204/lthj.1874
dc.rights	info:eu-repo/semantics/openAccess
dc.title	From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy
dc.type	Journal Article
utslib.citation.volume	3
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.date.updated	2021-12-16T00:29:36Z
pubs.issue	2
pubs.publication-status	Published online
pubs.volume	3
utslib.citation.issue	2

Abstract:

For many privacy scholars, consent is on life support, if not dead. In July 2020, we held six focus groups in Australia to test this claim by gauging attitudes to consent and privacy, with a spotlight on smartphones. These focus groups included discussion of four case studies: ‘shadow profiles’, eavesdropping by companies on smartphone users, non-consensual government surveillance of its citizens and contact tracing apps developed to combat COVID-19. Our participants expressed concerns about these practices and said they valued individual consent and saw it as a key element of privacy protection. However, they saw the limits of individual consent, saying that the law and the design of digital services also have key roles to play. Building on these findings, we argue for a blend of good law, good design and an appreciation that individual consent is still valued and must be fixed rather than discarded - ideally in ways that are also collective. In other words, consent is dead; long live consent.

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http://hdl.handle.net/10453/152353