Openness is the first fundamental principle of fair information\u00a0practices with \u201cnotice\u201d serving to practically implement openness\u00a0in most commercial transactions. However, current notices have\u00a0been widely criticized as being too complex, legalistic, lengthy, and\u00a0opaque. This Article argues that to achieve the openness required\u00a0by the first fair information practice principle, data protection and\u00a0privacy should move from a \u201cnotice\u201d model to an environment of\u00a0\u201ctransparency.\u201d It asserts that the terms \u201cnotice\u201d and\u00a0\u201ctransparency\u201d are not synonymous and that different definitions apply to each.
\nThe Article begins by reviewing the history of notice in the\u00a0United States and its traditional roles in privacy and data\u00a0protection. It considers the challenges and limitations of notice, and\u00a0the attempts to address them and the lessons learned from these\u00a0efforts. The Article also examines the implications of emerging\u00a0technologies and data uses such as mobile apps, big data analytics\u00a0and the Internet of Things for traditional notice. This Article\u00a0proposes that what is needed is a move from notice to an\u00a0environment of transparency that includes improved notices,\u00a0attention to contextual norms, integrating the design of notices into\u00a0system development as part of privacy-by-design, public education,\u00a0and new technological solutions. Finally, it presents arguments for\u00a0business buy-in and regulatory guidance. While the historical\u00a0review is limited to the experience in the U.S., the proposals for\u00a0creating an environment of transparency can apply across\u00a0jurisdictions. Further, while transparency is necessary but not\u00a0sufficient for assuring fair data use, a discussion of issues related to\u00a0the full complement of the fair information principles is beyond the\u00a0scope of this paper.<\/p>\n","protected":false},"excerpt":{"rendered":"
Openness is the first fundamental principle of fair information\u00a0practices with \u201cnotice\u201d serving to practically implement openness\u00a0in most commercial transactions. However, current notices have\u00a0been widely criticized as being too complex, legalistic, lengthy, and\u00a0opaque. This Article argues that to achieve the openness required\u00a0by the first fair information practice principle, data protection and\u00a0privacy should move from a \u201cnotice\u201d …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,68,73],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4102"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=4102"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4102\/revisions"}],"predecessor-version":[{"id":7196,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4102\/revisions\/7196"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=4102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=4102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=4102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}