From Privacy by Design to Privacy by Using

Special Report: Protecting Private Life at the Digital Era
A Legal and Economic Perspective
By Alain Rallet, Fabrice Rochelandet, Célia Zolynski
English

Privacy by design (from the first stages of design) appears to be an appealing solution to protect personal data and privacy, but is faced with two difficulties: first, the question of how a recognized privacy norm which no longer exists can be embedded in a technological system; and second, the fact that innovation in digital services means that there can be no privacy by design, since individuals must divulge personal data to obtain services built on those data. The article explores a different approach: privacy by using, based on individuals learning new privacy norms. It identifies the instruments of this approach and how they differ from those of privacy by design.

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