Abstract
As technology is evolving, the mode of interaction between technology and its users is rapidly changing. The architectures in cyberspace are encoded with designs, including features and tools, which enable users to easily navigate through the internet. With enhancing user accessibility being one of the goals, these designs are often personalized for users, depending on various factors. Dark patterns are deceptive designs which are presented to users to interfere with their decision-making process. Deceptive designs take into consideration the inherent cognitive abilities and limitations of the users. Such interference leads to a loss of user autonomy, loss of privacy and personal data, which violates the fundamental rights of the users in the European Union. Such practices are also against the very essence of consumer protection, which is a fundamental right of users in the EU. Are we moving towards a world of privacy nihilism where ‘netizens’ would give up on their privacy rights in the online world? The current legal scenario in the EU is not adequate for the protection of the users of the internet in the EU. There is, therefore, a visible need for regulators to adapt to the changing market and protect the fundamental rights of the users in cyberspace. This paper proposes design solutions to the problem of manipulation through design where regulatory efforts need optimization so as to ensure the effective implementation of regulations and the law.
Presenters
Yashu BansalAssistant Professor, Department of Law, Manipal Law School, MAHE, Karnataka, India
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
DIGITAL ARCHITECTURE, USER INTERFACE, DARK PATTERNS, USER AUTONOMY, PRIVACY, LAW
