Overview
CPRA Law + Tech Series: Understanding Data, Decisionmaking, and Design
Session 4: “Dark Patterns” and Manipulative Design
Co-Hosted by: California Lawyers Association Privacy Law Section and the Future of Privacy Forum
About the Series: What do privacy lawyers need to know about the technologies and data practices at the heart of emerging legislation? New state privacy laws, including the California Privacy Rights Act (CPRA), will introduce a host of new obligations for businesses. Privacy lawyers charged with operationalizing these requirements will need to understand the technologies that these laws address.
In this Winter 2022 series, the California Lawyers Association Privacy Law Section and FPF will host informational sessions on technological basics for privacy lawyers. Each session will provide a brief summary of new requirements under the CPRA, the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act (CPA), accompanied by an exploration of the key technologies that are addressed in these laws, including digital advertising, global opt-outs, automated decisionmaking, and dark patterns.
About Session 4: Join us on Friday, March 11th, from 12:00-1:15PM Pacific Time, for an informational presentation on “dark patterns,” or the impact of manipulative design choices on data privacy.
At the heart of many privacy conversations about user choice and consent is the issue of so-called “dark patterns,” or the ways in which the design of websites, apps, and consent flows, can influence the choices people make with respect to their personal information. Increasingly, concerns about unfair design are leading lawmakers in California, Colorado, and elsewhere to prohibit manipulative design in certain contexts.
This session will provide an overview of provisions in emerging privacy legislation, discuss concrete examples of what constitutes a “dark pattern” and design elements that influence user decisions, and explore the ways in which the CPRA and other proposals may add to existing protections under the FTC Act and other laws.
- Dr. Jennifer King, Privacy and Data Policy Fellow, Stanford University Institute for Human-Centered Artificial Intelligence
Watch the Recording | Download the Slides