Kill the Standard Privacy Notice - Rethinking Privacy Policies

The Growing Importance of Digital Privacy

The concept of privacy is increasingly prevalent in contemporary discussions, even attracting attention from major technology companies. Apple recently reinforced its commitment to user privacy with the introduction of its App Tracking Transparency feature, a key component of the iOS 14.5 update.

Tim Cook, Apple’s CEO, has highlighted privacy as a defining challenge of our time, equating its significance to that of the climate crisis.

Is Apple's Approach Sufficient?

Apple’s initiative represents a positive step and conveys a significant message. However, its effectiveness remains questionable. The system fundamentally depends on users becoming educated about app tracking practices.

Users are then expected to actively manage or disable tracking as they see fit. This approach echoes a sentiment expressed by the Russian satirists Ilf and Petrov: individuals must largely rely on their own efforts for assistance.

Historically, such self-reliance has not yielded optimal outcomes.

The Overburdened Online Consumer

The modern internet user is overwhelmed by a constant stream of privacy policies, cookie consent requests, and diverse tracking permissions.

Rather than simplifying matters, new regulations often add to the volume of disclosures. Businesses generally comply by shifting the responsibility for understanding these disclosures to the end user.

This places an undue burden on consumers, who often resort to accepting terms without reading them due to the impracticality of thoroughly reviewing such extensive documentation.

The Need for a New Approach

To alleviate this burden, a fundamental change is required: the conventional privacy notice must be abandoned.

Continuing with the current system is unsustainable and ineffective in empowering users to make informed decisions about their data privacy.

The Illusion of Informed Consent Online

Research indicates a significant disconnect between how online consumers perceive privacy notices and the reality of data handling practices. A substantial portion of internet users assume that the presence of a “privacy policy” or “privacy notice” on a website signifies a commitment to not collecting, analyzing, or sharing their personal data with external entities.

However, concurrently, a comparable majority expresses considerable apprehension regarding online tracking and the delivery of targeted, potentially intrusive advertising. This creates a paradoxical situation for the user.

The Privacy Paradox

Users are compelled to accept privacy notices to gain access to online platforms, effectively consenting to data tracking and personalized advertising. A thorough review of these notices, before acceptance, demands considerable time and can prove difficult and frustrating for the average user.

If the complexity of a privacy policy rivals that of a dense philosophical work, such as Immanuel Kant’s “Critique of Pure Reason,” a serious accessibility issue arises. Ultimately, declining the policy often equates to being denied access to the service itself, rendering the choice largely symbolic.

The Function of the Modern Privacy Notice

What, then, is the practical value of the privacy notice in its current iteration? From a corporate perspective, it serves to legally validate their data processing activities. These documents are frequently drafted by legal counsel, primarily for legal scrutiny, with little consideration given to the average user’s understanding.

Knowing that comprehensive review is unlikely, some companies deliberately obscure the language or even include unconventional, sometimes surprisingly candid, clauses within the text.

Beyond the Checkbox

One organization even asserted ownership over its users’ immortal souls and their rights to eternal life. For consumers, the required checkbox acknowledging the privacy notice can be perceived as an annoyance, or worse, a misleading reassurance of data protection.

Even when a privacy notice is sufficiently objectionable to drive users to alternative platforms, this may not represent a genuine solution. The monetization of data has become the prevailing business model online, and personal information frequently converges with the same large technology companies.

The Pervasive Reach of Data Collection

Even avoiding direct engagement with major platforms doesn't guarantee privacy. Many websites utilize plugins, buttons, and cookies that facilitate data sharing with these same Big Tech entities. In this environment, effective resistance to data collection appears increasingly challenging.

• Data Tracking: A common practice despite user expectations.
• Privacy Policies: Often complex and unread by users.
• Big Tech Dominance: Data ultimately flows to major technology companies.

The Antiquated Nature of Current Data Privacy Regulation

Could intervention from legislators and regulatory bodies be beneficial in enhancing user data privacy, particularly if companies are intentionally creating privacy policies that are difficult to understand and rarely reviewed? Historically, such intervention has been limited.

Prior to the digital age, lawmakers frequently imposed numerous pre-contractual disclosure requirements. These mandates led to the extensive documentation associated with activities like apartment rentals, vehicle purchases, bank account openings, and mortgage applications.

However, within the digital sphere, legislation has largely been a response to events, rather than a proactive measure. It consistently trails behind the pace of technological advancement.

The European Union required approximately twenty years of Google’s operation and a decade of Facebook’s influence to formulate the General Data Protection Regulation (GDPR). Even this substantial legislation has not effectively curbed widespread data collection practices.

This situation highlights a broader issue: a significant number of current politicians and legislators lack a comprehensive understanding of the internet. Effective regulation is challenging when the underlying technology remains unfamiliar.

Frequently, lawmakers on both sides of the Atlantic demonstrate a lack of understanding regarding the operational models of technology companies and their revenue streams derived from user data – or they deliberately feign ignorance for various motives.

Rather than directly addressing these concerns, legislators often delegate the responsibility of informing users to the companies themselves, allowing them to utilize language deemed “clear and comprehensible” according to their own standards. This approach represents a combination of laissez-faire policy and a lack of genuine concern.

Consequently, we are attempting to resolve modern challenges – including online data privacy, user profiling, and digital identity theft – using legal principles rooted in ancient history: consent. While Roman law holds historical significance, Marcus Aurelius was never required to analyze the intricacies of an iTunes Privacy Policy.

Consequently, online businesses and large platforms prioritize obtaining consent through their privacy notices and data disclosures, rather than focusing on user education and transparent explanation. This practice ensures continued data flow and provides opportunities for superficial displays of privacy consideration.

Nevertheless, an increasing number of users are becoming aware of this dynamic. A shift in approach is now necessary.

The Imperative for Corporate Responsibility in Data Privacy

It has become apparent that the complex legal language used in privacy policies is often incomprehensible to the average user. Furthermore, even when understood, individuals frequently lack avenues for recourse. A concerning lack of sufficient understanding and drive to effectively govern the tech sector has also been observed among legislators.

Therefore, the onus now falls on digital enterprises to proactively address this issue, particularly as increasing numbers of internet users express dissatisfaction and frustration. Addressing data privacy, a defining challenge of our era, necessitates a unified and collaborative response.

Similar to international agreements aimed at reducing carbon emissions, businesses must collectively commit to safeguarding user privacy. This requires a fundamental shift in approach.

A Direct Appeal to the Tech Industry

We urge all technology companies, regardless of size, to abolish their current, standard privacy notices. The practice of crafting deliberately obtuse texts, designed to shield companies from legal challenges while enabling continued data collection, must cease.

Instead, privacy policies should be formulated with the user in mind, employing clear and accessible language that ensures universal comprehension. Transparency is paramount.

However, this is not merely about revising existing documentation.

Beyond Compliance: Building a Privacy-Respecting Future

Companies must translate their stated commitment to privacy into tangible action. This involves developing products that minimize, or even eliminate, the need for extensive personal data collection and processing.

A return to the internet’s foundational principles – its open-source origins and protocol-based structure – is crucial. Focus should be placed on delivering genuine value to the user community, rather than prioritizing the interests of large technology corporations and their advertising partners.

Such a path is not only feasible but also potentially profitable and deeply rewarding. It represents a sustainable and ethical approach to innovation.