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Regulating Data in the European Union and United States: Privacy, Access, Portability & APIs

This dissertation examines the way that demands for more control over the collection, processing, and sharing of personal data are being managed by both government and industry leaders with strategies that appear to comply with regulations, but that fail to do so. These are “by-design” strategies used by individuals to unilaterally manage their data with automated tools.

I take a multimethod approach that combines autoethnography, reverse engineering techniques, and data analysis to assess the implementation of by-design services implemented by Facebook, Twitter, and Instagram in compliance with current European Union regulations for access and portability. I also employ archival research, discourse analysis, interviews, and participant observation.

I argue that self-led, by-design approaches do not answer the demands for more control over personal data. The regulatory and technical resources put in place for individuals to control their data are not effective because they turn over decisions about execution to an industry with no interest in sharing that data or being regulated. If policymakers continue to pursue by-design approaches, they will need to learn how to test the techniques, and the execution of the techniques, provided by industry. They will need to assess the impact on data that is made available. So that results can be evaluated, by-design tools like the ones I assessed must be accompanied by clear and detailed details about design choices and procedures. In this vein, I offer directions for critical scrutiny, including standards and measuring the impact of APIs.

I conclude that self-managed, by-design approaches are not the source of the problem. But they are a symptom of the need for critical scrutiny over the execution of tools like the ones offered by Facebook, Twitter, and Instagram. Ultimately, I found that portability and access are legally and technically fraught. However, despite the shortcomings of by-design approaches, personal data can be more effectively regulated in Europe than in the United States as the result of current regulations.

Identiferoai:union.ndltd.org:columbia.edu/oai:academiccommons.columbia.edu:10.7916/tjzb-6g71
Date January 2023
CreatorsWoodall, Angela
Source SetsColumbia University
LanguageEnglish
Detected LanguageEnglish
TypeTheses

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