Notice and Consent
Where do all these bytes come from? Although some are from public and commercial sources (such as newspapers, web pages, digital audio, and video recordings) and others are from intentional data transfers (for example, tax returns, a statement to the police after an accident, readers’ survey forms, school papers), still others are collected without announcement. Telephone companies record the date, time, duration, source, and destination of each telephone call. ISPs track sites visited. Some sites keep the IP address of each visitor to the site (although IP address is usually not unique to a specific individual). The user is not necessarily aware of this third category of data collection and thus cannot be said to have given informed consent to the collection.
We can be informed about data collection and use in many ways. For example, entry into a website may require an acknowledgment of “terms of use,” which describe what is collected, why, and what recourse you have if you prefer not to have something collected. The terms of use can also tell you what you can do if you find an error or discrepancy in collecting, storing, or using your data. Similarly, when you use apps on your mobile devices, you may be told that some data items, such as your location or your contacts list, will be used by the apps in performing some task.
In addition to notification, consent is sometimes required. That is, you are explicitly asked for permission to collect and use information. For example, a mapping program or app may ask your permission to automatically collect your location; if you refuse, either you cannot proceed with using the program, or you must enter your location each time you want a map or set of directions.
notice and consent are important principles in privacy provision and protection. However, sometimes problems with notice and consent are not as visible as they could or should be. Sidebar 9-1 describes a recent event in which toilets in a convention center were claimed to be capturing information for public benefit. Although eventually revealed as a hoax, the action reminded all of us that data are frequently captured without consent and even without our knowledge.
