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I appeared in WirelessWire News.
To add a little clarification, what I meant was the following:
- “Explicit consent” is “unnecessary” because by the stage at which it is required, the matter is not one to which consent should be given in the first place, since it means someone is trying to obtain data unnecessary for the direct service. The system should basically be based on “implied consent.”
- In a society with cameras everywhere, modern people constantly emit data wherever they go, so collection continues in real time regardless of time or place. In other words, compared with the past, “collection through observation” assumes greater importance. In this situation, “consent before collection” has broken down, leaving no choice but to shift to “consent before use.”
- “Collection through inference (profiling)” can produce both benefits and disadvantages for the person concerned. If the person knows that the underlying data has been collected, can easily opt out of the data, and the probability of benefit is dramatically higher than the probability of disadvantage, could such beneficial treatment be considered within that person’s reasonable expectations and therefore within the scope of “implied consent”? On the other hand, if a disadvantage arises for that individual, the company must at minimum notify the person and obtain consent for use.
That is what I meant. I never said that “consent” is unnecessary, lol.
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