Why is data protection design Needed?
The existing legal data protection framework is obviously lacking given the prevalence of misleading data protection behaviors and the insufficiency of privacy policies and written privacy warnings to encourage openness in the internet world. And by that, I mean that a significant portion of the interaction between users and enterprises will be out of reach if we do not embrace UX design as a crucial data protection component. The outcome is:
- Deceptive design techniques that affect core values and personal information will keep thriving;
- Since they don’t read privacy rules and shouldn’t be expected to, users will continue to be unaware of their rights, data practices, and privacy hazards when engaging in online activities;
- Data protection, user data rights, and core privacy principles will continue to be dealt with by organizations in a peripheral and reactive manner, restricted to their legal departments. The primary objective of a data protection plan will continue to be to create a legally acceptable privacy policy (regardless of users not reading it and not being aware of their rights).
- The business model, value proposition, and UX design strategy of an enterprise will not necessarily include privacy principles and objectives. (However, corporations will continue to tout their concern for privacy since it is profitable.)
Design for data protection – A new arena
There must be a connection between UX design and data protection law. Data Protection Design must be an independent field with the following objectives:
- Following design principles that promote privacy;
- Incorporating privacy-enhancing UX design ideas into legal data protection principles and regulations;
- Creating concepts, objectives, guidelines, and tools that product managers and UX designers should adhere to in order to apply privacy-enhancing design through an iterative approach;
- Establishing optimal transparency policies to assist organizations in disclosing their UX design methods (and being held responsible when they do not adhere to design principles and practices that enhance privacy);
- Putting design principles and design ideas into practice to achieve privacy-enhancing design;
- Incorporating user input and their viewpoints into the development of the privacy-enhancing design;
- Defining the function of Data Protection Design Officers (DPDO) and Data Protection Design Designers (DPD) inside a company. defining the best practices and standards to be followed.
Design for privacy-enhancement: The key principles
The seven guiding principles of privacy-enhancing design are as follows:
- Human dignity and autonomy are crucial: User autonomy and human dignity must be protected throughout the UX design process since they are fundamental rights. Users must be able to exercise their preferences and choices freely, independently, and with knowledge. Users shouldn’t be coerced or compelled to do anything. A user’s preference or decision should be simple to revoke.
- Transparency: To ensure that consumers are aware of current data transfers, UX design principles should promote accessibility and transparency. Every new data transaction (collection or processing) should be visibly signaled in a fashion that users can understand so that they are aware of the exchange of data. The collection or processing of users’ personal data should be disclosed to them. Information may be communicated using a number of design elements, colors, and symbols.
- No prior experience with data protection: Users should be assumed to have no prior understanding of data protection in UX design. The user should be able to easily understand the breadth and extent of the data transaction, as well as any potential hazards, on interfaces that entail data collecting and processing (even if it seems obvious to the designer).
- Recognition of Cognitive Biases: Throughout the UX design process, it must be avoided to use cognitive biases to gather more — or more sensitive — personal data (i.e., through false patterns in data protection). Users need to be treated as weak and susceptible to manipulation, and the organization needs to protect them from it.
- The difficulty for organizations: It should be the responsibility of organizations to provide UX interfaces that do not take advantage of consumers’ cognitive biases. Companies should be able to demonstrate at any moment that their UX design procedures enhance privacy (and not privacy-harming). Organizations must find and change the design practice that is causing errors to be made by users if this is the case.
- Accountability in Design: Organizations need to answer for their design procedures. Organizations should make their privacy-design procedures available to the public (perhaps through a Privacy Design Policy, similar to a Privacy Policy but focused on UX design practices). Legally, it should be possible to inquire about a company’s UX design procedures.
- Comprehensive application: Every interaction between users and businesses should adhere to the aforementioned guidelines for user experience design (i.e. not restricted to privacy settings). The connection between businesses and users should be developed to include privacy and data protection as a fundamental component.
