Discussing Transparency of Privacy Policies in the Age of Big Data. Towards the «Social Norm» as a New Rule of Law

Abstract

The aim of this paper is the study of substantive and formal transparency of privacy policies as an essential prerequisite of a meaningful consent to fair data processing practices by third parties. In particular, Big Data techniques raise serious concerns on massive data processing, given the lack of explicit notice about such practices in privacy policies. In this sense, this paper will examine some paradigmatic cases, and will analyse why users"™ perception and Data Protection Authorities investigations are coincident in concluding the lack of transparency of privacy policies. Albeit EU General Data Protection Regulation has codified the principle of transparency, one of the main findings of this paper is that privacy policies are still designed to foster legitimization of the «Social Norm» to the detriment of the «privacy by default» principle