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  1.  34
    Reassessing values for emerging big data technologies: integrating design-based and application-based approaches.Karolina La Fors, Bart Custers & Esther Keymolen - 2019 - Ethics and Information Technology 21 (3):209-226.
    Through the exponential growth in digital devices and computational capabilities, big data technologies are putting pressure upon the boundaries of what can or cannot be considered acceptable from an ethical perspective. Much of the literature on ethical issues related to big data and big data technologies focuses on separate values such as privacy, human dignity, justice or autonomy. More holistic approaches, allowing a more comprehensive view and better balancing of values, usually focus on either a design-based approach, in which it (...)
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  2. The crisis of consent: how stronger legal protection may lead to weaker consent in data protection.Bart W. Schermer, Bart Custers & Simone van der Hof - 2014 - Ethics and Information Technology 16 (2):171-182.
    In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent as proposed in the European Data protection regulation will further weaken the (...)
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  3.  13
    Click here to consent forever: Expiry dates for informed consent.Bart Custers - 2016 - Big Data and Society 3 (1).
    The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are many issues with such informed consent: people get too many consent requests to read everything, policy documents are often very long and difficult to understand and users (...)
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  4.  40
    Using sensitive personal data may be necessary for avoiding discrimination in data-driven decision models.Indrė Žliobaitė & Bart Custers - 2016 - Artificial Intelligence and Law 24 (2):183-201.
    Increasing numbers of decisions about everyday life are made using algorithms. By algorithms we mean predictive models (decision rules) captured from historical data using data mining. Such models often decide prices we pay, select ads we see and news we read online, match job descriptions and candidate CVs, decide who gets a loan, who goes through an extra airport security check, or who gets released on parole. Yet growing evidence suggests that decision making by algorithms may discriminate people, even if (...)
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  5.  22
    The Right to Break the Law? Perfect Enforcement of the Law Using Technology Impedes the Development of Legal Systems.Bart Custers - 2023 - Ethics and Information Technology 25 (4):1-11.
    Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to illustrate (...)
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  6. Consent and privacy.Bart Custers - 2018 - In Peter Schaber & Andreas Müller (eds.), The Routledge Handbook of the Ethics of Consent. Routledge.
     
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  7.  33
    Exploring solutions to the privacy paradox in the context of e-assessment: informed consent revisited.Ekaterina Muravyeva, José Janssen, Marcus Specht & Bart Custers - 2020 - Ethics and Information Technology 22 (3):223-238.
    Personal data use is increasingly permeating our everyday life. Informed consent for personal data use is a central instrument for ensuring the protection of personal data. However, current informed consent practices often fail to actually inform data subjects about the use of personal data. This article presents the results of a requirements analysis for informed consent from both a legal and usability perspective, considering the application context of educational assessment. The requirements analysis is based on European Union law and a (...)
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