Journal Title : National Journal for Legal Research and Innovative Ideas
ISSN(O):2582-8665
Frequency : Quarterly
Volume : 6
Issue : 1
1. WHY WE CLICK “I AGREE”: THE ILLUSION OF ONLINE CONSENT
By - Sakshi Kothari, Research Scholar, Amity University, Gwalior Madhya Pradesh, India & Assistant Professor at ICFAI University, Dehradun Uttarakhand, India
•Abstract
We have done all done it like being on a spree of achieving fastest-fingers-fast, scrolling past pages of “terms and conditions” as soon as we can, clicking “I agree” to get immediate access of service. Presumed rational human beings tend to click “I agree” on most digital platform’s “privacy-policy” or “permission”. In today’s digital world, this has become our daily routine and it’s like using websites, downloading “promising” apps as being advertised, shopping online and in all clicking “I agree” or “allow location while visiting this site” or “accept cookies”. But here comes real question: “when we give our consent repeatedly and so quick, is it really informed?” Or “we are simply ticking a box that law requires without truly understanding what we are agreeing to!”. While legal protocols are designed to ensure transparency and autonomy but behavioural economics has revealed worrisome crack. There’s a vast difference between set ideal “informed consent” and how online users actually behave to such protocols. This paper looks into that very dilemma, “illusion of online consent. This interdisciplinary research including behavioural economics, law, and psychology will help find out why is there a huge gap between protecting user’s data and autonomy to digital-platforms design their own policy for analysing “site-usage” of users. Behavioural economics helps explain this pattern of human decision, shaped by cognitive shortcuts, default settings, and designs. These nudge users towards passively consenting to terms.
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