During the past few years, mostly as a result of the GDPR and the CCPA, websites have started to present users with cookie consent banners. These banners are web forms where the users can state their preference and declare which cookies they would like to accept, if such option exists. Although requesting consent before storing any identifiable information is a good start towards respecting the user privacy, yet previous research has shown that websites do not always respect user choices. Furthermore, considering the ever decreasing reliance of trackers on cookies and actions browser vendors take by blocking or restricting third-party cookies, we anticipate a world where stateless tracking emerges, either because trackers or websites do not use cookies, or because users simply refuse to accept any.
In this paper, we explore whether websites use more persistent and sophisticated forms of tracking in order to track users who said they do not want cookies. Such forms of tracking include first-party ID leaking, ID synchronization, and browser fingerprinting. Our results suggest that websites do use such modern forms of tracking even before users had the opportunity to register their choice with respect to cookies. To add insult to injury, when users choose to raise their voice and reject all cookies, user tracking only intensifies. As a result, users' choices play very little role with respect to tracking: we measured that more than 75% of tracking activities happened before users had the opportunity to make a selection in the cookie consent banner, or when users chose to reject all cookies.
The European Union's General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Its privacy regulations apply to any service and company collecting or processing personal data in Europe. Many companies had to adjust their data handling processes, consent forms, and privacy policies to comply with the GDPR's transparency requirements. We monitored this rare event by analyzing the GDPR's impact on popular websites in all 28 member states of the European Union. For each country, we periodically examined its 500 most popular websites - 6,579 in total - for the presence of and upda…
Most websites offer their content for free, though this gratuity often comes with a counterpart: personal data is collected to finance these websites by resorting, mostly, to tracking and thus targeted advertising. Cookie walls and paywalls, used to retrieve consent, recently generated interest from EU DPAs and seemed to have grown in popularity. However, they have been overlooked by scholars. We present in this paper 1) the results of an exploratory study conducted on 2800 Central European websites to measure the presence and practices of cookie paywalls, and 2) a framing of their lawfulness …
The European Union's General Data Protection Regulation (GDPR) requires websites to ask for consent to the use of cookies for \emph{specific purposes}. This enlarges the relevant design space for consent dialogs. Websites could try to maximize click-through rates and positive consent decision, even at the risk of users agreeing to more purposes than intended. We evaluate a practice observed on popular websites by conducting an experiment with one control and two treatment groups ($N=150$ university students in two countries). We hypothesize that users' consent decision is influenced by (1) the…
Consent Management Providers (CMPs) provide consent pop-ups that are embedded in ever more websites over time to enable streamlined compliance with the legal requirements for consent mandated by the ePrivacy Directive and the General Data Protection Regulation (GDPR). They implement the standard for consent collection from the Transparency and Consent Framework (TCF) (current version v2.0) proposed by the European branch of the Interactive Advertising Bureau (IAB Europe). Although the IAB's TCF specifications characterize CMPs as data processors, CMPs factual activities often qualifies them as…
New consent management platforms (CMPs) have been introduced to the web to conform with the EU's General Data Protection Regulation, particularly its requirements for consent when companies collect and process users' personal data. This work analyses how the most prevalent CMP designs affect people's consent choices. We scraped the designs of the five most popular CMPs on the top 10,000 websites in the UK (n=680). We found that dark patterns and implied consent are ubiquitous; only 11.8% meet the minimal requirements that we set based on European law. Second, we conducted a field experiment wi…
Since the adoption of the General Data Protection Regulation (GDPR) in May 2018 more than 60 % of popular websites in Europe display cookie consent notices to their visitors. This has quickly led to users becoming fatigued with privacy notifications and contributed to the rise of both browser extensions that block these banners and demands for a solution that bundles consent across multiple websites or in the browser. In this work, we identify common properties of the graphical user interface of consent notices and conduct three experiments with more than 80,000 unique users on a German websit…
In 2002, the European Union (EU) introduced the ePrivacy Directive to regulate the usage of online tracking technologies. Its aim is to make tracking mechanisms explicit while increasing privacy awareness in users. It mandates websites to ask for explicit consent before using any kind of profiling methodology, e.g., cookies. Starting from 2013 the Directive is mandatory, and now most of European websites embed a "Cookie Bar" to explicitly ask user's consent. To the best of our knowledge, no study focused in checking whether a website respects the Directive. For this, we engineer CookieCheck, a…
The use of software applications is inevitable as they provide different services to users. The software applications collect, store users' data, and sometimes share with the third party, even without the user consent. One can argue that software developers do not implement privacy into the software applications they develop or take GDPR (General Data Protection Law) law into account. Failing to do this, may lead to software applications that open up privacy breaches (e.g. data breach). The GDPR law provides a set of guidelines for developers and organizations on how to protect user data when …
Consent dialogues are a source of annoyance, malicious intent, dark patterns, illegal practices and a plethora of other issues. This work presents known problems based on GDPR requirements grouped into two categories: (i) UI/UX for consenting; and (ii) power imbalance in expressing consent. To resolve this, it presents two proposals: First, the use of automation through privacy signals to better govern consenting processes and to reduce `consent-fatigue'. Second, as generation of consent dialogues on the user side and its practicalities for both websites as well as users and agents (e.g. web b…
Determining how voice assistants should broker consent to share data with third party software has proven to be a complex problem. Devices often require users to switch to companion smartphone apps in order to navigate permissions menus for their otherwise hands-free voice assistant. More in line with smartphone app stores, Alexa now offers "voice-forward consent", allowing users to grant skills access to personal data mid-conversation using speech. While more usable and convenient than opening a companion app, asking for consent 'on the fly' can undermine several concepts core to the informed…
Privacy is a key challenge for continued digitalization of health. The forthcoming European General Data Protection Regulation (GDPR) is transforming this challenge into regulatory directives. User consent provisioning and coordinating across data services will be the keys in addressing this challenge. We suggest a privacy-driven architecture that provides tools for providing user consent as a service. This enables managing and reusing private health information between a large amount of data sources, individuals and services, even when they are not known beforehand. The proposed architecture …
Privacy preference signals are digital representations of how users want their personal data to be processed. Such signals must be adopted by both the sender (users) and intended recipients (data processors). Adoption represents a coordination problem that remains unsolved despite efforts dating back to the 1990s. Browsers implemented standards like the Platform for Privacy Preferences (P3P) and Do Not Track (DNT), but vendors profiting from personal data faced few incentives to receive and respect the expressed wishes of data subjects. In the wake of recent privacy laws, a coalition of AdTech…
This paper explores the importance of accountability to data protection, and how it can be built into the Internet of Things (IoT). The need to build accountability into the IoT is motivated by the opaque nature of distributed data flows, inadequate consent mechanisms, and lack of interfaces enabling end-user control over the behaviours of internet-enabled devices. The lack of accountability precludes meaningful engagement by end-users with their personal data and poses a key challenge to creating user trust in the IoT and the reciprocal development of the digital economy. The EU General Data …
