SoK: The Gap Between Data Rights Ideals and Reality
- URL: http://arxiv.org/abs/2312.01511v1
- Date: Sun, 3 Dec 2023 21:52:51 GMT
- Title: SoK: The Gap Between Data Rights Ideals and Reality
- Authors: Yujin Kwon, Ella Corren, Gonzalo Munilla Garrido, Chris Hoofnagle,
Dawn Song
- Abstract summary: Do rights-based privacy laws effectively empower individuals over their data?
This paper scrutinizes these approaches by reviewing empirical studies, news articles, and blog posts.
- Score: 46.14715472341707
- License: http://creativecommons.org/licenses/by/4.0/
- Abstract: As information economies burgeon, they unlock innovation and economic wealth
while posing novel threats to civil liberties and altering power dynamics
between individuals, companies, and governments. Legislatures have reacted with
privacy laws designed to empower individuals over their data. These laws
typically create rights for "data subjects" (individuals) to make requests of
data collectors (companies and governments). The European Union General Data
Protection Regulation (GDPR) exemplifies this, granting extensive data rights
to data subjects, a model embraced globally. However, the question remains: do
these rights-based privacy laws effectively empower individuals over their
data? This paper scrutinizes these approaches by reviewing 201
interdisciplinary empirical studies, news articles, and blog posts. We pinpoint
15 key questions concerning the efficacy of rights allocations. The literature
often presents conflicting results regarding the effectiveness of rights-based
frameworks, but it generally emphasizes their limitations. We offer
recommendations to policymakers and Computer Science (CS) groups committed to
these frameworks, and suggest alternative privacy regulation approaches.
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