{"title":"Neuromarketing and Eye-Tracking Technologies Under the European Framework: Towards the GDPR and Beyond","authors":"","doi":"10.1007/s10603-023-09559-2","DOIUrl":null,"url":null,"abstract":"<h3>Abstract</h3> <p>The Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of personal data (GDPR) is one of the key fundamental pieces of European legislation to protect human rights and freedoms. However, the development of AI systems that are capable of collecting and processing large amounts of data and predicting user habits and emotional states has affected traditional legal categories and tested their resilience. This paper assesses the limits of the current formulation of the GDPR which does not take expressly into account the category of inferred data as a special category of data. Furthermore, it questions whether the toolbox put in place by the GDPR is still effective in protecting data subjects from practices such as neuromarketing and eye-tracking systems. It shows that it is certainly the essential starting point, but that, on the other hand, cannot be spared criticism. For this, in the recent years, the European legislator has adopted further legislations including, in particular, the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA). Although representing a step forward in protection against such technologies, they each have critical aspects that need to be considered.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"4 1","pages":""},"PeriodicalIF":1.4000,"publicationDate":"2024-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF CONSUMER POLICY","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10603-023-09559-2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
引用次数: 0
Abstract
The Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of personal data (GDPR) is one of the key fundamental pieces of European legislation to protect human rights and freedoms. However, the development of AI systems that are capable of collecting and processing large amounts of data and predicting user habits and emotional states has affected traditional legal categories and tested their resilience. This paper assesses the limits of the current formulation of the GDPR which does not take expressly into account the category of inferred data as a special category of data. Furthermore, it questions whether the toolbox put in place by the GDPR is still effective in protecting data subjects from practices such as neuromarketing and eye-tracking systems. It shows that it is certainly the essential starting point, but that, on the other hand, cannot be spared criticism. For this, in the recent years, the European legislator has adopted further legislations including, in particular, the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA). Although representing a step forward in protection against such technologies, they each have critical aspects that need to be considered.
期刊介绍：
The Journal of Consumer Policy is a refereed, international journal which encompasses a broad range of issues concerned with consumer affairs. It looks at the consumer''s dependence on existing social and economic structures, helps to define the consumer''s interest, and discusses the ways in which consumer welfare can be fostered - or restrained - through actions and policies of consumers, industry, organizations, government, educational institutions, and the mass media.
The Journal of Consumer Policy publishes theoretical and empirical research on consumer and producer conduct, emphasizing the implications for consumers and increasing communication between the parties in the marketplace.
Articles cover consumer issues in law, economics, and behavioural sciences. Current areas of topical interest include the impact of new information technologies, the economics of information, the consequences of regulation or deregulation of markets, problems related to an increasing internationalization of trade and marketing practices, consumers in less affluent societies, the efficacy of economic cooperation, consumers and the environment, problems with products and services provided by the public sector, the setting of priorities by consumer organizations and agencies, gender issues, product safety and product liability, and the interaction between consumption and associated forms of behaviour such as work and leisure.
The Journal of Consumer Policy reports regularly on developments in legal policy with a bearing on consumer issues. It covers the integration of consumer law in the European Union and other transnational communities and analyzes trends in the application and implementation of consumer legislation through administrative agencies, courts, trade associations, and consumer organizations. It also considers the impact of consumer legislation on the supply side and discusses comparative legal approaches to issues of cons umer policy in different parts of the world.
The Journal of Consumer Policy informs readers about a broad array of consumer policy issues by publishing regularly both extended book reviews and brief, non-evaluative book notes on new publications in the field.
Officially cited as: J Consum Policy
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