Akron Law Student Publications

How Both Washington and the FTC Miss the Mark on “Notice and Consent”

Document Type

Article

Publication Date

2024

Abstract

This article critiques the prevailing "notice and consent" framework in data privacy regulation. She argues that this model is fundamentally flawed, as it relies on the unrealistic expectation that consumers read and comprehend lengthy, complex privacy policies. Norman-Webler highlights that both federal regulators and the Federal Trade Commission (FTC) have failed to address this issue effectively. She advocates for a more transparent and standardized approach to privacy disclosures, suggesting the implementation of simplified, user-friendly "privacy nutrition labels" to enhance consumer understanding and control over personal data. This proposal aims to shift the burden from consumers to regulators and companies, promoting a more equitable and effective data privacy framework.

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This article is published in Cleveland Metropolitan Bar Journal

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