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Law360: Behavioral Design Could Be Privacy Law's Next Frontier

April 19, 2019

Regulators in Congress in the UK have begun to introduce legislation to discourage social media platforms from tricking consumers into increasing app usage and sharing personal information.

“Regulators are starting to go beyond the standard of notice and consent to delve into the next level of how companies interact with users in general,” said Scott Pink, special counsel for O'Melveny & Myers in Silicon Valley. “This is the area where it becomes so challenging to define: What are normal actions that are the lifeblood of the industry, and what goes too far and encourages the collection of data of which users aren’t even aware?”