Introduction
Given the rapid digitalization of the world, where technology dominates nearly every aspect of our lives, the topic of data collection practices of tech companies has arisen. The proposal suggests the adoption of consumer rights that include the right to be let out of data sharing by the enforcement of comprehensive opt-out policies in plain language. Technology is playing a greater part in shaping and affecting our lives. For this reason, privacy laws are needed to protect and preserve each individual’s privacy.
Background
In order to appreciate the immediacy of the issue, it is important to understand that data collection has become the core of almost all tech companies. These data-harvesting entities consist of social media platforms and smart devices that gather thousands of user data, which is often done without the consent of the users. Freewheeling data harvesting is a major risk to individual privacy that may bring some personal information into unsafe hands for misuse and exploitation.
Thesis
Consumers should be able to object unambiguously to data collection by tech companies, and the implementation of a clear opt-out policy should be enforced according to such regulations. This is why this kind of policy is very important for privacy protection in the modern era in which technological breakthroughs have left behind legal safeguards in space.
NPR News Story
In the face of federal data privacy legislation stalemated in Congress, NPR’s report underscores the paramount importance of state governments in defining the future of data privacy. Currently, only California and Virginia have enacted data privacy laws, yet this has given rise to a nationwide debate over which policy is desired, with over 20 proposals to consider (Allyn, 1). The California law gives users power over data tracking, deletion of collected information, and even suing the companies, in contrast with “soft” Virginia’s law, which was criticized for being one-sided and industry-friendly. In a bid to delay, Congress is making the state the grounds for new interpretations of data privacy. Lobbying here becomes more intense; Connecticut’s example, which is the bill submitted to Congress enshrining the people’s rights against data collecting, is facing resistance from industries. The crux of the tale emphasizes the need for a nationwide united regulation covering officials at the state level as they deal with inconsistent rules, depicting the industry’s efforts to frame the dialogue on data protection.
https://www.npr.org/2021/06/04/1003205422/states-fight-over-how-our-data-is-tracked-and-sold-online-as-congress-stalls
Issues and Perspectives Database Resource
The European Union’s legal perspectives on predictive analytics privacy issues focus on the inefficiency of the current EU data protection laws (Mühlhoff, 1). The author points to the fact that big data and artificial intelligence pose new questions about data protection, which is why it aims to predict personal data (e.g., purchasing power, health, and sexual orientation) based on data of numerous persons but without their names. The paper identifies misuse of the data mentioned with reference to the fact that, owing to its largely unregulated use, it may lead to social inequality and discrimination. The term “predictive privacy” is conceptualized as a new data protection frontier, depicting the violation when personal data is predicted without consent. The author recommends strengthening data protection regulations and applying them to predictive analytics to better prevent information power asymmetry between society and platform companies. In essence, the article is a legal perspective on the consequences of looser laws on unlimited data collection and a call for a more complete and precautionary regulation.
https://doi.org/10.1177/20539517231166886
Library E-Book
The concerning points on the ethical, legal, and societal implications of data collection by tech companies clearly emphasize the issues in which the model of surveillance capitalism, in which the consent of users is not transparent, poses a danger to individual liberty and privacy. The lack of respect for users’ considerations and the deliberate concealment of motives promotes an ethical crisis in the information technology industry. Now, it is legally seen that more than existing regulations are needed to tackle the problems of data ownership, usage, and breaches. Therefore, there is a need to formulate newer sets of regulations with relevant frameworks. Tech services are heavily based on user dependency, which makes the privacy rights of the users vulnerable and weakens the right to privacy. The manipulation of social inclinations, underlined by the inclination to be united, is definitely the biggest threat. The swiftness of the surveillance capitalism that happens, as well as the secrecy and assurances provided by the tech giants, call for regulator efforts to be challenged, and the possibility of the long-term values and freedoms of the society are at risk.
Ethical Issues in Information Technology: 3 Big Tech Secrets
Peer-Reviewed Journal Article from EBSCO
The work by de Man et al. (2023) examines the operationality of the opt-in and opt-out consent schemes for the utilization of routinely recorded health data in science research. SysA systematic view, which comprised of studies, illustrates that the majority of them (87%) implemented opt-in procedures, whereas in one study, opt-out procedures were in place. The weighted consent rate was not high enough for opt-in procedures (84%), while in the case of opt-out, the study was higher (96.8%). An election process tended to exhibit affirmative bias. The bias resulted in consenting people who are mostly males, highly educated, with higher income and socioeconomic status being more likely to consent. This indicates that there is a higher success rate of consent, and hence, the study group may be more representative of opt-out policies. Nevertheless, heterogeneity in study populations varies alongside disparities in the management system, which makes it hard to make general conclusions, calling in aids for a more nuanced approach to the issues of balancing patients’ control over data and learning from health data in the context of the reuse of routinely recorded health data for research purposes.
Main Body
Consumers are undoubtedly entitled to the fundamental right not to submit to data collection, which is a critical element in safeguarding individual privacy. This is a deductive argument that is based on the principle of autonomy, emphasizing that in the information age, individuals should have total control over their personal information. Responses that mention the advantage of quality services via detailed data collection are argued against the safeguarding of the individual’s right to decide. The necessity for opt-out policies with clear definitions can be discerned in cases where there are not enough options, which has consequently led to privacy breaches, and that thus highlights the critical need for reforms. Applying the deductive approach meticulously to weed out the logical fallacies, this methodology makes the message more convincing, supporting the policies of the explicit and easy-to-use opt-out mechanisms. Finally, it highlights the necessity to respect and consider personal information as a fundamental human right during the digital age, as it enables the consumer to exercise authority over their data.
Conclusion
The importance of putting consumer opt-out rights in place has resulted from the need to protect privacy in the midst of technological advancement. Clear opt-out policies are important and have to be mandatory according to new regulations so that privacy issues can be prevented. There is a need for the stakeholders to prioritize the privacy of the individual and to treat it as a basic right. This call to action is a joint effort of both government and consumers for the development and implementation of the most effective opt-out solutions, which will help to give individuals more control over their data and ensure their rights to privacy in the digital world.
Works Cited
Allyn, Bobby. “States Fight over How Our Data Is Tracked and Sold Online, as Congress Stalls.” NPR, 4 June 2021, www.npr.org/2021/06/04/1003205422/states-fight-over-how-our-data-is-tracked-and-sold-online-as-congress-stalls. Accessed 19 Feb. 2024.
de Man Y, Wieland-Jorna Y, Torensma B, de Wit K, Francke AL, Oosterveld-Vlug MG, Verheij RA. Opt-In and Opt-Out Consent Procedures for the Reuse of Routinely Recorded Health Data in Scientific Research and Their Consequences for Consent Rate and Consent Bias: Systematic Review. J Med Internet Res. 2023 Feb 28;25:e42131. Doi: 10.2196/42131. PMID: 36853745; PMCID: PMC10015347.
Kitazawa, Emily. “Ethical Issues in Information Technology: 3 Big Tech Secrets.” Shortform Books, 15 Sept. 2022, www.shortform.com/blog/ethical-issues-in-information-technology/. Accessed 19 Feb. 2024.
Mühlhoff, R. (2023). Predictive privacy: Collective data protection in the context of artificial intelligence and big data. Big Data & Society, 10(1). https://doi.org/10.1177/20539517231166886
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