Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more

Recommended product

Popular links

Popular links


The Privacy Fallacy

The Privacy Fallacy

The Privacy Fallacy

Harm and Power in the Information Economy
Ignacio Cofone, University of Oxford
November 2023
Available
Hardback
9781316518113

    Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

    • A unified critique of privacy laws from different jurisdictions
    • Highlights the hidden ways privacy is eroded by technology companies' data practices
    • Develops public policy by drawing on behavioral science

    Awards

    Short-listed, 2024 Donner Book Prize, Donner Canadian Foundation

    Read more

    Reviews & endorsements

    ‘To protect privacy in the digital age, Ignacio Cofone argues, we must rethink privacy harms. These harms are social and systemic as well as individual, and they will not be remedied by market and contractual approaches. This beautifully written book is an excellent introduction to problems of digital exploitation that affect everyone.’ Jack Balkin, Yale Law School

    ‘Why are privacy rules failing us when we need them the most? In this superb book, Ignacio Cofone expertly threads together privacy law’s many missteps and proposes a way forward that doesn’t rest on myths and misconceptions. The Privacy Fallacy clearly and effectively stakes out an essential turning point for lawmakers and society: We either commit to holding companies liable for the full range of harms they cause, or we continue to indulge in the fantasy that privacy can be individually negotiated and that our laws have it under control.’ Woodrow Hartzog, Boston University

    ‘With the rigor of an economist and the heart of a humanist, Cofone explores why privacy law has been disappointingly powerless in today’s data-driven society. He proposes a new understanding of privacy harm to ground a more effective liability regime. A clear and engaging read for experts and interested laypeople alike!’ Katherine J. Strandburg, New York University School of Law

    ‘This is a beautifully written book that deftly describes incidents to illustrate sophisticated economic and legal arguments. It is accessible to a wide general audience, an important scholarly critique of current law and policy, and a detailed and powerful proposal for remedies that can enhance lives by effectively defending privacy rights. This book is appropriate for all libraries. … Highly recommended.’ D. Bantz, Choice

    ‘… beautiful and accessible … Cofone’s book gets real about the problems while offering real solutions - if we have the courage to implement them.’ Scott Skinner-Thompson, The Journal of Things We Like

    See more reviews

    Product details

    November 2023
    Hardback
    9781316518113
    280 pages
    235 × 156 × 18 mm
    0.54kg
    Available

    Table of Contents

    • Introduction
    • 1. The traditionalist approach to privacy
    • 2. The privacy myths: rationality and apathy
    • 3. The consent illusion
    • 4. Manipulation by design
    • 5. Traditionalist data protection rules
    • 6. Pervasive data harms
    • 7. Privacy as corporate accountability
    • Conclusion.
      Author
    • Ignacio Cofone , University of Oxford

      Ignacio Cofone is the Professor of Law and Regulation of AI at the University of Oxford (Faculty of Law and Institute for Ethics in AI) and an Affiliated Fellow at the Yale Law School Information Society Project. He writes about how the law should adapt to technological and economic change with a focus on privacy and AI.