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by dalbasal 3030 days ago
Explicit consent is the principle I'm most curious (and pessimistic) about. It's one of those things that are very easy to describe in everyday terms, but almost impossible for legal enforcement to work with.

There are rules about things banks have to inform you of, or pharmaceuticals. On the academic side, this can be effective. Disclosure and making information public. On the consumer side it is almost always disingenuous. Small print meticulously written by compliance officers and reviewed by regulators. No one seems capable of stepping back and asking "are consumers better informed."

When internet service X wants you to know your card is about to expire, they make sure that you are informed. When a regulator wants you to be informed about cookies.... we get small print, and a nag screen making us promise that we read it.

1 comments

Its pretty easy: The law says, that you always have to set a willing action to opt in. There can be check-boxes, but they need to be unchecked by default ("privacy by default"). Simple. I have already received multiple communications from Banks and credit card companies, and they are all very explicit about it and it was very easy to see the choices and the effect of the law.
I guess I can't go forward without reiterating the argument, so I guess I'll stop. But, I think considering it easy is naive, considering the mountain of experience to the contrary.

Some things are hard to solve with laws.

At least in Italy, this has been the way it works for years. When I sign something privacy-related I get at least two boxes: one for the treatment of my information for functional purpose (that is, "we can't even take this paper back if you don't give us permission"), the other for research and marketing purposes (that is stuff not essential to the performance of the service). It's working quite well, in my case at least.
It's even harder to solve without laws. And it needs solving.
And, are Italians now enjoying better privacy than the rest of us?