Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps external link

2021

Abstract

In the digital society, many of our everyday activities take place within digital choice architectures that become increasingly good at understanding and shaping our behavior. Health apps are a perfect example of this trend: they are easy to download and use and promise user empowerment. By collecting and analyzing user data, health apps promise to be able to ‘get to know’ their users and deliver personalized feedback and suggestions for better health outcomes. But this promise of user empowerment also comes with a risk of user manipulation. Most of the popular health apps are for-profit services. To monetize their userbase, they can rely on the very same user data collection, data analysis, and targeting techniques to shape the behavior of health app users in ways that benefit the health app provider, rather than the users themselves. As it turns out, the very conditions for empowerment largely overlap with the conditions for manipulation. This dissertation offers an ethical and legal analysis of the tension between empowerment and manipulation in for-profit health apps, and digital choice architectures more generally. Building on ethical theories of personal autonomy and manipulation, the dissertation develops an ethical framework to evaluate the design and commercial practices of health apps. This ethical framework is then used to develop novel interpretations of key concepts in the Unfair Commercial Practices Directive (UCPD). Based on these novel interpretations of key concepts, it is argued that the UCPD has an important role to play in addressing consumer manipulation.

autonomy, Consumer law, health apps, manipulation, nudging

Bibtex

PhD Thesis{Sax2021bb, title = {Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps}, author = {Sax, M.}, url = {https://dare.uva.nl/search?identifier=52225d37-e7e1-4883-9dab-a3f5d3a063d8}, year = {0326}, date = {2021-03-26}, abstract = {In the digital society, many of our everyday activities take place within digital choice architectures that become increasingly good at understanding and shaping our behavior. Health apps are a perfect example of this trend: they are easy to download and use and promise user empowerment. By collecting and analyzing user data, health apps promise to be able to ‘get to know’ their users and deliver personalized feedback and suggestions for better health outcomes. But this promise of user empowerment also comes with a risk of user manipulation. Most of the popular health apps are for-profit services. To monetize their userbase, they can rely on the very same user data collection, data analysis, and targeting techniques to shape the behavior of health app users in ways that benefit the health app provider, rather than the users themselves. As it turns out, the very conditions for empowerment largely overlap with the conditions for manipulation. This dissertation offers an ethical and legal analysis of the tension between empowerment and manipulation in for-profit health apps, and digital choice architectures more generally. Building on ethical theories of personal autonomy and manipulation, the dissertation develops an ethical framework to evaluate the design and commercial practices of health apps. This ethical framework is then used to develop novel interpretations of key concepts in the Unfair Commercial Practices Directive (UCPD). Based on these novel interpretations of key concepts, it is argued that the UCPD has an important role to play in addressing consumer manipulation.}, keywords = {autonomy, Consumer law, health apps, manipulation, nudging}, }

Exposure diversity as a design principle for recommender systems external link

Helberger, N., Karppinen, K. & D'Acunto, L.
Information, Communication and Society, vol. 2018, num: 2, 2017

Abstract

Personalized recommendations in search engines, social media and also in more traditional media increasingly raise concerns over potentially negative consequences for diversity and the quality of public discourse. The algorithmic filtering and adaption of online content to personal preferences and interests is often associated with a decrease in the diversity of information to which users are exposed. Notwithstanding the question of whether these claims are correct or not, this article discusses whether and how recommendations can also be designed to stimulate more diverse exposure to information and to break potential ‘filter bubbles’ rather than create them. Combining insights from democratic theory, computer science and law, the article makes suggestions for design principles and explores the potential and possible limits of ‘diversity sensitive design’.

autonomy, exposure diversity, filter bubbles, filtering, frontpage, information diversity, medial law, nudging, recommender systems, search enginges, Social media

Bibtex

Article{Helberger2017, title = {Exposure diversity as a design principle for recommender systems}, author = {Helberger, N. and Karppinen, K. and D\'Acunto, L.}, url = {https://www.ivir.nl/publicaties/download/ICS_2016.pdf}, doi = {https://doi.org/10.1080/1369118X.2016.1271900}, year = {0119}, date = {2017-01-19}, journal = {Information, Communication and Society}, volume = {2018}, number = {2}, pages = {}, abstract = {Personalized recommendations in search engines, social media and also in more traditional media increasingly raise concerns over potentially negative consequences for diversity and the quality of public discourse. The algorithmic filtering and adaption of online content to personal preferences and interests is often associated with a decrease in the diversity of information to which users are exposed. Notwithstanding the question of whether these claims are correct or not, this article discusses whether and how recommendations can also be designed to stimulate more diverse exposure to information and to break potential ‘filter bubbles’ rather than create them. Combining insights from democratic theory, computer science and law, the article makes suggestions for design principles and explores the potential and possible limits of ‘diversity sensitive design’.}, keywords = {autonomy, exposure diversity, filter bubbles, filtering, frontpage, information diversity, medial law, nudging, recommender systems, search enginges, Social media}, }

Merely Facilitating or Actively Stimulating Diverse Media Choices? Public Service Media at the Crossroad external link

International Journal of Communication, pp: 1324-1340, 2015

Abstract

Personalized recommendations provide new opportunities to engage with audiences and influence media choices. Should the public-service media use such algorithmic profiling and targeting to guide audiences and stimulate more diverse choices? And if they do, is this a brave new world we would like to live in? This article outlines new opportunities for the public-service media to fulfill their commitment to media diversity and highlights some of the ethical and normative considerations that will play a role. The article concludes with a call for a new body of “algorithmic media ethics.”

algorithm profiling, ethics, media diversity, Mediarecht, nudging, public service media

Bibtex

Article{nokey, title = {Merely Facilitating or Actively Stimulating Diverse Media Choices? Public Service Media at the Crossroad}, author = {Helberger, N.}, url = {http://www.ivir.nl/publicaties/download/1549.pdf}, year = {0507}, date = {2015-05-07}, journal = {International Journal of Communication}, abstract = {Personalized recommendations provide new opportunities to engage with audiences and influence media choices. Should the public-service media use such algorithmic profiling and targeting to guide audiences and stimulate more diverse choices? And if they do, is this a brave new world we would like to live in? This article outlines new opportunities for the public-service media to fulfill their commitment to media diversity and highlights some of the ethical and normative considerations that will play a role. The article concludes with a call for a new body of “algorithmic media ethics.”}, keywords = {algorithm profiling, ethics, media diversity, Mediarecht, nudging, public service media}, }

Behavioural Sciences and the Regulation of Privacy on the Internet external link

Abstract

This chapter examines the policy implications of behavioural sciences insights for the regulation of privacy on the Internet, by focusing in particular on behavioural targeting. This marketing technique involves tracking people’s online behaviour to use the collected information to show people individually targeted advertisements. Enforcing data protection law may not be enough to protect privacy in this area. I argue that, if society is better off when certain behavioural targeting practices do not happen, policymakers should consider banning them.

behavioural economics, behavioural targeting, cookies, Data protection, e-Privacy Directive, Grondrechten, nudge, nudging, Privacy, profiling, tracking

Bibtex

Other{nokey, title = {Behavioural Sciences and the Regulation of Privacy on the Internet}, author = {Zuiderveen Borgesius, F.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2513771}, year = {1030}, date = {2014-10-30}, abstract = {This chapter examines the policy implications of behavioural sciences insights for the regulation of privacy on the Internet, by focusing in particular on behavioural targeting. This marketing technique involves tracking people’s online behaviour to use the collected information to show people individually targeted advertisements. Enforcing data protection law may not be enough to protect privacy in this area. I argue that, if society is better off when certain behavioural targeting practices do not happen, policymakers should consider banning them.}, keywords = {behavioural economics, behavioural targeting, cookies, Data protection, e-Privacy Directive, Grondrechten, nudge, nudging, Privacy, profiling, tracking}, }