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As data privacy continues to be a crucial human-right concern as recognized by the UN, regulatory agencies have demanded developers obtain user permission before accessing user-sensitive data. Mainly through the use of privacy policies statements, developers fulfill their legal requirements to keep users abreast of the requests for their data. In addition, platforms such as Android enforces explicit permission request using the permission model. Nonetheless, recent research has shown that service providers hardly make full disclosure when requesting data in these statements. Neither is the current permission model designed to provide adequate informed consent. Often users have no clear understanding of the reason and scope of usage of the data request. This paper proposes an unambiguous, informed consent process that provides developers with a standardized method for declaring Intent. Our proposed Intent-aware permission architecture extends the current Android permission model with a precise mechanism for full disclosure of purpose and scope limitation. The design of which is based on an ontology study of data requests purposes. The overarching objective of this model is to ensure end-users are adequately informed before making decisions on their data. Additionally, this model has the potential to improve trust between end-users and developers.
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The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance
Consent-based searches are by far the most ubiquitous form of search undertaken by police. A key legal inquiry in these cases is whether consent was granted voluntarily. This Essay suggests that fact finders’ assessments of voluntariness are likely to be impaired by a systematic bias in social perception. Fact finders are likely to underappreciate the degree to which suspects feel pressure to comply with police officers’ requests to perform searches. In two preregistered laboratory studies, we approached a total of 209 participants (“Experiencers”) with a highly intrusive request: to unlock their password-protected smartphones and hand them over to an experimenter to search through while they waited in another room. A separate 194 participants (“Forecasters”) were brought into the lab and asked whether a reasonable person would agree to the same request if hypothetically approached by the same researcher. Both groups then reported how free they felt, or would feel, to refuse the request. Study 1 found that whereas most Forecasters believed a reasonable person would refuse the experimenter’s request, most Experiencers—100 out of 103 people—promptly unlocked their phones and handed them over. Moreover, Experiencers reported feeling significantly less free to refuse than did Forecasters contemplating the same situation hypothetically. Study 2 tested an intervention modeled after a commonly proposed reform of consent searches, in which the experimenter explicitly advises participants that they have the right to withhold consent. We found that this advisory did not significantly reduce compliance rates or make Experiencers feel more free to say no. At the same time, the gap between Experiencers and Forecasters remained significant. These findings suggest that decision makers judging the voluntariness of consent consistently underestimate the pressure to comply with intrusive requests. This is problematic because it indicates that a key justification for suspicionless consent searches—that they are voluntary—relies on an assessment that is subject to bias. The results thus provide support to critics who would like to see consent searches banned or curtailed, as they have been in several states. The results also suggest that a popular reform proposal—requiring police to advise citizens of their right to refuse consent—may have little effect. This corroborates previous observational studies that find negligible effects of Miranda warnings on confession rates among interrogees, and little change in rates of consent once police start notifying motorists of their right to refuse vehicle searches. We suggest that these warnings are ineffective because they fail to address the psychology of compliance. The reason people comply with police, we contend, is social, not informational. The social demands of police-citizen interactions persist even when people are informed of their rights. It is time to abandon the myth that notifying people of their rights makes them feel empowered to exercise those rights.
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- Award ID(s):
- 1823661
- PAR ID:
- 10098560
- Date Published:
- Journal Name:
- The Yale law journal
- Volume:
- 128
- Issue:
- 7
- ISSN:
- 1939-8611
- Page Range / eLocation ID:
- 1962-2033
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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Accepted Manuscript1.0
- Journal Article:
- The DOI is not currently available.
