Law, Digital Nudging and Manipulation: Dark Patterns, Artificial Intelligence and the Right to Good Administration.
- Autores: Juli Ponce Solé
- Localización: European review of digital administration & law, ISSN-e 2724-5969, Vol. 3, Nº. 1, 2022, págs. 31-44
- Idioma: inglés
- Enlaces
- Dialnet Métricas: 6 Citas
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Resumen
The use of behavioural insights in the digital area has grown considerably in importance during the COVID-19 pandemic and can be an element of promoting the right to good administration in the public sector.
On the other hand, digital nudging has a dark side, both in private and public sector. The possible use by public and private sectors of so-called dark patterns, concerning which the European Parliament has recently proposed to include a ban in the future Digital Services Act, and what is known as hypernudging raises legal questions regarding a possible manipulation that violates freedom of thought, as indicated by the Committee of Ministers of the Council of Europe in a statement of 2019. This article deals with the definition of those concepts and their possible legal regulation, by means of considering some international examples.