In today’s digital world where widespread collection and processing of data has become common, users are constantly bombarded by a large number of consent requests. This often leads to consent fatigue, where individuals feel overwhelmed by the frequent demands to provide, review or update their consent for data processing. Users end up becoming desensitised to the process. This overload of notifications, policy updates and fresh consent forms makes users likely to:
- Skim through policies without reading or understanding them
- Mindlessly accept the terms to minimise interruptions
- Abandon the website, service or application altogether
This undermines the necessity of informed consent as required by global data protection regulations and leads to a loss of user engagement.
Best Practices to Mitigate Consent Fatigue
- Identify a lawful basis for processing beyond consent: While consent is an essential mechanism and lawful basis for processing personal data, it Is not the only lawful basis under privacy regulations. Identifying and relying on other appropriate alternative legal bases can reduce the frequency of consent requests.
- Simplify Consent Requests: Apart from frequency, one of the main contributors to consent fatigue is overly complex consent forms. Simplifying these consent requests by using plain language, avoiding jargon and adopting a layered approach by presenting critical information upfront and allowing users to explore more information as required allows a user to provide informed consent without overwhelming them with complex requests.
- Contextual and Granular Consent: Present contextual consent and consent requests only when relevant, such as when a specific feature or action requires the processing of data. Allowing users to control which data processing activity they agree to and customise their consent preferences empowers users to make informed and meaningful choices.
- Consolidated Consent Request: Combine similar consent requests such as for non-essential cookies, into a single prompt or request. Providing a clear summary of the consolidated requests and an additional option of exploring more information will reduce the number of consent requests.
- Consent Management Tools: Using tools and platforms that allow users to view, manage, modify and revoke their consent with ease fosters transparency, and trust and empowers users with greater control over their consent, making it less likely for them to feel overwhelmed.
- Leverage Technology: Advanced technology solutions like AI and automation help in minimising unnecessary requests. For example, the use of AI to offer predictive consent prompts on the basis of user behaviour and preferences will avoid repeated and unnecessary consent requests.
- Standardised consent templates: Using standardised templates, with certain customisable fields, can streamline the process and ensure consistency. These templates must be developed in a manner that is both, consistent with regulatory requirements and simple for users to understand.
- Regular review and updating: Consent practices of an organisation should not be static. Regular review and update of consent mechanisms ensure that they are compliant with regulations and user-friendly. Gathering user feedback and modifying consent practices also play a crucial role in ensuring user-friendly consent management practices.
Conclusion
Consent fatigue is a pressing concern across all global data privacy regimes. Combating consent fatigue requires a balance between regulatory requirements and user-centric designs and consent practices. By prioritising user experience and adopting best practices, an organisation can reduce the burden on users, enhance engagement and ensure valid consent in accordance with privacy regulations.
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News of The Week
- META Fined €91 Million for Storing Passwords in Plaintext
The European Union’s privacy regulator fined Meta €91 million for inadvertently storing users’ passwords without protection or encryption, following a five-year long inquiry by Ireland’s Data Protection Commission. Meta acknowledged the incident publicly at the time, and the DPC confirmed that the passwords were not exposed to external parties. Although Meta claimed to have promptly resolved the issue and found no evidence of misuse, the DPC highlighted the risks involved.
- T-Mobile Reaches $31.5 Million Settlement Over Data Breaches
T-Mobile agreed to a $31.5 million settlement with the Federal Communications Commissions after significant data breaches from 2021 to 2023 impacted millions of U.S. consumers. The company will pay a $15.75 million fine and invest an equal amount over two years to enhance cybersecurity. The FCC emphasized the need for stronger cybersecurity measures in the telecom sector.
- Star Health Sues Telegram and Cloudflare Over Data Leak
Star Health has filed a lawsuit against Telegram and hacker “xenZen” after personal and medical data of its policyholders were leaked via chatbots on the messaging app. The insurer also named Cloudflare for hosting the leaked data. A Tamil Nadu court issued a temporary injunction blocking the release of the data and has scheduled a hearing for October 25. Telegram and Cloudflare have yet to comment.
- California Governor Vetoes AI Safety Bill
California Governor Gavin Newsom vetoed a contentious AI safety bill, citing concerns that it could hinder innovation and drive AI companies out of the state. He criticized the bill for not focusing on high-risk AI environments and sensitive data. He called for a science-based approach to develop effective guardrails. Despite the veto, Newsom pledged to collaborate with lawmakers on future AI legislation.
- British Man Arrested for Hack-to-Trade Scheme
Robert Westbrook from London, was arrested for hacking into five companies’ computers to steal earnings information, making $3.75 million in illegal profits by trading this information before it was publicly released. The U.S. Department of Justice is seeking his extradition on securities fraud, wire fraud, and computer fraud charges. Westbrook had allegedly already used executives’ email accounts to access confidential information between 2019 and 2020.
