TY - JOUR T1 - Data Analytics and Consumer Profiling: Finding Appropriate Privacy Principles for Discovered Data JF - Computer Law and Security Review Y1 - 2016 A1 - King,Nancy A1 - Forder,Jay KW - Business Law AB - In Big Data, the application of sophisticated data analytics to very large datasets makes it possible to infer or derive (“to discover”) additional personal information about consumers that would otherwise not be known from examining the underlying data. The discovery and use of this type of personal information for consumer profiling raises significant information privacy concerns, challenging privacy regulators around the globe. This article finds appropriate privacy principles to protect consumers’ privacy in this context. It draws insights from a comparative law study of information privacy laws in the United States and Australia. It examines draft consumer privacy legislation from the United States to reveal its strengths and weaknesses in terms of addressing the significant privacy concerns that relate to Big Data’s discovery of personal data and subsequent profiling by businesses. VL - 32 UR - http://dx.doi.org/10.1016/j.clsr.2016.05.002 U2 - a U4 - 123172761600 ID - 123172761600 ER - TY - HEAR T1 - Privacy, Consumer Profiling and Big Data Y1 - 2016 A1 - King,Nancy A1 - Forder,Jay KW - Business Law JA - Research Colloquium, Big Data: Law and Ethics CY - Bloomington, Indiana U2 - c U4 - 124426362880 ID - 124426362880 ER - TY - JOUR T1 - Privacy versus Reward: Do Loyalty Programs Increase Consumers' Willingness to Share Personal Information with Third-party Advertisers and Data Brokers? JF - Journal of Retailing and Consumer Services Y1 - 2015 A1 - Jai,Tun-Min (Catherine) A1 - King,Nancy KW - Business Law AB - Empirical study shows U.S. online shoppers significantly identify third-party advertisers and data brokers as separate agents and display different attitudes toward sharing their PI in the context of online retailing. Applying Westins’ Privacy Segmentation Index, the results showed that enrollment in multiple loyalty programs significantly predicts Privacy Pragmatic shoppers' willingness to share personal information, while consumer commitment significantly increases both the Privacy Unconcerned and Pragmatist groups’ willingness to share. Conversely, this is not the case for Privacy Fundamentalists. Age and gender also played important roles in predicting consumers’ willingness to share their PI with advertisers and data brokers. U2 - a U4 - 78724366336 ID - 78724366336 ER - TY - JOUR T1 - 2013 CLSR-LSPI Seminar on Electronic Identity , The Global Challenge JF - Computer Law and Security Review Y1 - 2014 A1 - Saxby,Steve A1 - King,Nancy KW - Business Law AB - I was the sole-author on Section 6 of this article; my section is titled "Linking Offline and Online Identities: Mobility and Identity. I prepared Section 6 of this article for a seminar presented at the 8th international conference on Legal, Security and Privacy Issues in IT law (LSPI), November 2013, Bangkok. Each seminar presenter prepared a draft of their section of the article in advance of the seminar, presented the topic for their section, and prepared a final version of their section of the article. All sections were combined by the Seminar Chair and published in the Computer Law and Security Review as a combined article. VL - 30 U2 - a U4 - 82175369216 ID - 82175369216 ER - TY - JOUR T1 - For Privacy's Sake: Consumer "Opt Outs" for Smart Meters JF - Computer Law and Security Review Y1 - 2014 A1 - King,Nancy A1 - Jessen,Pernille W KW - Business Law VL - 30 CP - 5 U2 - a U4 - 82173698048 ID - 82173698048 ER - TY - HEAR T1 - Privacy versus Reward: Do Loyalty Programs Increase Consumers' Willingness to Share Personal Information with Third-party Advertisers and Data Brokers? Y1 - 2014 A1 - Jai,Tun-Min (Catherine) A1 - King,Nancy KW - Business Law JA - ACRA 2014 Annual Conference CY - Dallas, Texas U2 - c U4 - 87588415488 ID - 87588415488 ER - TY - JOUR T1 - Smart Metering Systems and Data Sharing: Why Getting a Smart Meter Should Also Mean Getting Strong Information Privacy Controls to Manage Data Sharing JF - International Journal of Law and Information Technology Y1 - 2014 A1 - King,Nancy A1 - Jessen,Pernille W. KW - Business Law AB - Smart meters are being installed in consumers’ homes as the world moves to the smartgrid of intelligent energy networks. Smart meters are near real-time communication devices that can collect and communicate a vast amount of personal data about each customer’s energy use. Questions about who should have access to such data and for what purposes raise significant consumer privacy concerns about data sharing. Because data sharing facilitates secondary uses of energy use data and is essential for third party access to the data, data sharing is a critical activity that needs to be analysed from an information privacy perspective. This article makes three important contributions. First, it identifies the key privacy and data protection concerns for both the EU and USA consumers related to data sharing in smart metering systems. Second, it provides a comparison of EU and US privacy and data protection law as it applies to smart metering systems, revealing gaps in coverage in both systems. Third, it explains how important privacy concerns related to data sharing are being addressed in the EU and the USA, including specific examples of legislation and self-regulatory mechanisms that have been adopted to protect privacy in smart metering systems. From this comparative analysis, potential privacy-enhancing solutions can be identified. Ultimately it will be up to government regulators and industry to adopt local solutions, but the goal of this article is to encourage adoption of regulatory solutions and industry best practices that are consistent with privacy rights and information privacy principles. VL - 22 CP - 3 U2 - a U4 - 68803119104 ID - 68803119104 ER - TY - HEAR T1 - Data sharing in smart metering systems - consumer privacy concerns Y1 - 2013 A1 - King,Nancy A1 - Jessen,Pernille Wegener KW - Business Law JA - Workshop: The Impact of Prosumers in a Smart Grid Energy Network CY - Aarhus, Denmark U2 - c U4 - 74544977920 ID - 74544977920 ER - TY - JOUR T1 - The Effect of Behavioral Tracking Practices on Consumers' Shopping Evaluations and Repurchase Intention toward Trust Online Retailers JF - Computers in Human Behavior Y1 - 2013 A1 - Jai,Tun-Min A1 - Burns,Leslie A1 - King,Nancy KW - Business Law KW - Design Program AB - The study applies the Stimulus-Organism-Response (SOR) model and Social Contract Theory to investigate the effect of behavioral practices scenarios (stimulus) on consumers' evaluations of their online shopping experiences (internal organism) and repurchase intention toward online retailers (external response). The findings suggest there is a disconnect between online shoppers and their trusted online retailers regarding the information collected from online shoppers since, currently, sharing of information collected from customers within affiliates or even with third-party companies
such as networking advertising associations for secondary uses (e.g. targeted advertising) is a fairly common practice in the marketing field. Left unresolved, this disconnect may undermine consumers' repurchase intention toward the retailers and potentially injure the social contract between retailers and their customers. These findings are significant for the online retailing industry, consumers and public policy makers.
CY - Elsevier VL - 29 CP - 3 U2 - a U4 - 40841873409 ID - 40841873409 ER - TY - HEAR T1 - For Privacy's Sake: Consumer "Opt Outs" for Smart Meters Y1 - 2013 A1 - King,Nancy A1 - Jessen,Pernille W KW - Business Law JA - 2013 International Association of Information Technology Law Conference, 6th International Legal, Security and Privacy Issues CY - Bangkok, Thailand U2 - c U4 - 77487636480 ID - 77487636480 ER - TY - HEAR T1 - Linking Offline and Online Identities: Mobility and Identity Y1 - 2013 A1 - King,Nancy KW - Business Law JA - 2013 CLSR-LSPI Seminar on Privacy, Data Protection & Cyber-Security CY - Bangkok, Thailand U2 - c U4 - 78724861952 ID - 78724861952 ER - TY - JOUR T1 - What Do They Know About Me In The Cloud? A Comparative Law Perspective On Protecting the Privacy and Security of Sensitive Consumer Data JF - American Business Law Journal Y1 - 2013 A1 - King,Nancy A1 - Raja,V.T. KW - BIS KW - Business Law AB - How much does the cloud know about us? Should we care? In cloud computing, sensitive personal data flows in a global network of internet connected computers, creating attractive targets for hackers, challenging law enforcement and raising concerns about government surveillance. From an information privacy perspective, this article discusses how well the management information systems practices and laws in the United States and Europe protect the privacy and security of sensitive consumer data in the cloud. It examines policies and proposed regulations and makes suggestions for legal reforms in both jurisdictions to protect the privacy and security of sensitive information. CY - Wiley Periodicals, Inc., Malden, MA VL - 50 CP - 2 U2 - a U4 - 55693561856 ID - 55693561856 ER - TY - JOUR T1 - Protecting the Privacy and Security of Sensitive Customer Data in the Cloud JF - Computer Law and Security Review Y1 - 2012 A1 - King,Nancy A1 - Raja,V.T. KW - BIS KW - Business Law AB - The global ubiquity of cloud computing may expose consumers' sensitive personal data to significant privacy and security threats. A critical challenge for the cloud computing industry is to earn consumers' trust by ensuring adequate privacy and security for sensitive consumer data. Regulating consumer privacy and security also challenges government enforcement of data protection laws that were designed with national borders in mind. From an information privacy perspective, this article analyses how well the regulatory frameworks in place in Europe and the United States help protect the privacy and security of sensitive consumer data in the cloud. It makes suggestions for regulatory reform to protect sensitive infomraiton in cloud computing environments and to remove regulatory constraints that limit the growth of this vibrant new industry. CY - Oxford VL - 28 UR - www.Sciencedirect.com CP - 3 U2 - a U4 - 40841897985 ID - 40841897985 ER - TY - JOUR T1 - Why Privacy Discussions about Pervasive Online Customer Profiling Should Focus on Expanding Roles of Third-Parties JF - International Journal of Private Law Y1 - 2011 A1 - King,Nancy KW - Business Law AB - Abstract: Network advertising associations, consumer databases, data mining services and advertising exchanges play important roles in the online behavioural advertising industry. The participation of such third-party businesses in consumer profiling and generating targeted direct marketing communications raises significant consumer privacy and data protection concerns. This article analyzes the regulatory framework s of the European Union and the United States and legal developments on this topic to assess how well consumers’ privacy concerns are being addressed. It then provides recommendations for regulatory reform specific to third-party involvement in the behavioural advertising industry to enhance consumers’ privacy and data protection. CY - Interscience Enterprises, Ltd, Geneva VL - 4 UR - www.inderscience.com CP - 2 U2 - a U4 - 27483492353 ID - 27483492353 ER - TY - JOUR T1 - Profiling the Mobile Customer: Is Industry Self-Regulation Adequate to Protect Consumer Privacy When Behavioural Advertisers Target Mobile Users? JF - Computer Law and Security Review Y1 - 2010 A1 - King,Nancy A1 - Jessen,Pernille Wegener KW - Business Law AB - Mobile customers are increasingly confronted with behavioural advertising targeted individually on the basis of profiles generated by applying technologies to mine databases containing personally-identifying or anonymous data. This article is the second in a two part series on “Profiling the Mobile Customer.” The first article identified privacy gaps in the existing regulatory frameworks in the EU and the U.S. that need to be closed to protect consumers’ privacy and personal data. This second article examines alternative approaches to protect consumers’ privacy that include legislation, industry self-regulation and privacy-enhancing technologies. Concluding that neither industry self-regulation nor available privacy-enhancing technologies will be adequate to close the gap, this article points out important subject matters that need to be fully tackled by regulators in the EU and U.S. and offers suggestions about how to do this. CY - Oxford VL - 26 UR - www.sciencedirect.com CP - 6 U2 - a U4 - 22324316161 ID - 22324316161 ER - TY - JOUR T1 - Profiling the Mobile Customer: Privacy Concerns When Behavioural Advertisers Target Mobile Phones JF - Computer Law and Security Review Y1 - 2010 A1 - King,Nancy A1 - Jessen,Pernille W. KW - Business Law AB - Mobile customers are increasingly confronted with behavioural advertising targeted individually on the basis of profiles generated by applying technologies to mine databases containing personally-identifying or anonymous data. This article is Part I of a two part series on “Profiling the Mobile Customer”. Part I answers the questions: “What is profiling in the context of behavioural advertising?” and “How will consumer profiling impact the privacy of mobile customers?”. The article examines the EU and U.S. regulatory frameworks for protecting privacy and personal data in regards to behavioural advertising that targets mobile customers. It identifies potential harms to privacy and personal data related to profiling for behavioural advertising. It evaluates the extent to which the existing regulatory frameworks in the EU and the U.S.provide an adequate level of protection. Consequently, the article identifies the privacy gaps in the regulatory frameworksthat will need to be addressed to adequately protect mobile consumers from profiling by marketers. Part II of Profiling the Mobile Customer that will appear in the next volume of the CLSR. It will discuss whether industry self-regulation or privacy enhancing technologies will be adequate to protect consumer privacy, or rather, whether new legislation will be necessary. CY - Oxford VL - 26 UR - www.Sciencedirect.com CP - 5 U2 - a U4 - 20393703425 ID - 20393703425 ER -