The problem to consent to the collection, use, and disclosure of personal information in cyberspace

Abstract

Consumer concerns over the safety of their personal information and the violation of their privacy rights are described as being the single overwhelming barrier to rapid growth of e-commerce. This paper explores the problems for e-commerce users when there is collection, use, and disclosure of personal information that are based on implied consent in e-commerce transactions. It questions the assumption that consent is sufficient to waive privacy interests in relation to e-commerce transactions. It will argue that consent should not necessarily be sufficient to waive privacy interests, and that the collection, use and/or disclosure of personal information should be subject to regulation.