The Privacy Fallacy
Harm and Power in the Information Economy

Uncovers why privacy laws fail at protecting us from corporate data harms and charts a path for reform.

Ignacio Cofone (Author)

9781108995443, Cambridge University Press

Paperback / softback, published 30 November 2023

262 pages
22.9 x 15.1 x 1.5 cm, 0.39 kg

'… advances our understanding of the difficult challenges ahead in balancing the rights of businesses and consumers, as well as the responsibilities of … regulators.' Frank Pasquale, Balkinization

Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

Introduction
1. The traditionalist approach to privacy
2. The privacy myths: rationality and apathy
3. The consent illusion
4. Manipulation by design
5. Traditionalist data protection rules
6. Pervasive data harms
7. Privacy as corporate accountability
Conclusion.

Subject Areas: IT & Communications law [LNQ]