Subject Privacy Self-Management and the Consent Dilemma
From Tom Scavo <trscavo@xxxxxxxxxxxxx>
Date Mon, 27 May 2013 08:50:49 -0400

Thoughtful, scholarly piece by Daniel Solove, Law Professor at George
Washington University:

Some nuggets from the article:

"Privacy scholars must identify a conception of consent that both
protects privacy and avoids paternalism."

"The EU has a more paternalistic approach to data processing...EU
privacy law has a self-management component, but it requires a much
more stringent and explicit form of consent than U.S. privacy law. The
difficulty with the EU approach is that data collection, use, and
disclosure are rarely inherently good or bad."

"For all its flaws, privacy self-management should not be
abandoned...and paternalistic solutions are troubling."

"Ironically, perhaps the greatest practical impact of privacy
self-management is not in informing individuals and improving their
privacy management, but in informing the companies that are collecting
and using the data and in improving the companiesí management of

"what many people want when it comes to privacy is for their data to
be collected, used, and disclosed in ways that benefit them or society
without harming them individually."

"People want some privacy self-management, just not too much. Privacy
law needs to find a way to deliver partial privacy self-management."