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Open Access 2023 | Open Access | Buch

Data Privacy and Crowdsourcing

A Comparison of Selected Problems in China, Germany and the United States

verfasst von: Lars Hornuf, Sonja Mangold, Yayun Yang

Verlag: Springer Nature Switzerland

Buchreihe : Advanced Studies in Diginomics and Digitalization

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

Inhaltsverzeichnis

Über dieses Buch

This open access book describes the most important legal sources and principles of data privacy and data protection in China, Germany and the United States. The authors collected privacy statements from more than 400 crowdsourcing platforms, which allowed them to empirically evaluate their data privacy and data protection practices. The book compares the practices in the three countries and develops empirically-grounded policy recommendations.

A profound analysis on workers´ privacy in new forms of work in China, Germany, and the United States.

Prof. Dr. Wolfgang Däubler, University of Bremen

This is a comprehensive and timely book for legal and business scholars as well as practitioners, especially with the increasingly important role of raw data in machine learning and artificial intelligence.

Professor Mingfeng Lin, Georgia Institute of Technology

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Inhaltsverzeichnis

Frontmatter

Open Access

Chapter 1. Introduction

Abstract

This chapter outlines the three core research questions and the scope of this book. First, we provide a concise overview of the crowdsourcing markets in China, Germany, and the United States and highlight recent market trends. Second, we examine the data protection laws in these three jurisdictions and show the extent to which crowdworkers are protected. Third, we analyze and compare data privacy practices on crowdsourcing platforms and highlight how they relate to legal rules. Finally, we provide a conclusion and, based on our functional and empirical legal investigations, show where there is a need for improvement in the legal rules and data protection practices.

Lars Hornuf, Sonja Mangold, Yayun Yang

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Open Access

Chapter 2. Players in the Crowdsourcing Industry

Abstract

Different classifications of crowdsourcing markets have been proposed. This chapter outlines the most relevant classifications and provides examples of crowdsourcing in its various forms. It offers a more complete definition of crowdsourcing, provides statistics of market developments, and discusses some of the larger market trends in China, Germany and the United States.

Lars Hornuf, Sonja Mangold, Yayun Yang

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Open Access

Chapter 3. Data Protection Law in Germany, the United States, and China

Abstract

This chapter examines data protection laws in Germany, the United States, and China. We describe the most important legal sources and principles of data protection and emphasize the rights of data subjects, with particular attention to personal and sensitive data. The legal frameworks for data protection on crowdsourcing platforms in the three countries show significant differences, but also some similarities. In the United States no federal omnibus regulation on the protection of personal data exists so far. The state of California recently enacted a consumer protection law similar to the GDPR. China started developing its privacy legislation after Germany and the United States, in some parts again similar to the GDPR. A characteristic of the Chinese approach is the different protection regime of personal rights with respect to private actors and to the state government. While privacy rights have expanded in the private sector, threats to privacy posed by state actors have received little attention in Chinese jurisprudence.

Lars Hornuf, Sonja Mangold, Yayun Yang

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Chapter 4. Privacy Statements in China, Germany, and the United States

Abstract

This chapter investigates how crowdsourcing platforms handle matters of data protection and analyzes information from 416 privacy statements. We find that German platforms mostly base their data processing solely on the GDPR, while U.S. platforms refer to numerous international, European, and state-level legal sources on data protection. The Chinese crowdsourcing platforms are usually not open to foreigners and do not refer to the GDPR. The privacy statements provide evidence that some U.S. platforms are specific in the sense that they explicitly state which data are not processed. When we compare the privacy practices of crowdsourcing platforms with the German fintech sector, it is noticeable that pseudonymization and anonymization are, at least in Germany, used much more frequently on crowdsourcing platforms. Most privacy statements did not exhaustively clarify what personal data are shared, even though they mentioned the sharing of data with third parties.

Lars Hornuf, Sonja Mangold, Yayun Yang

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Chapter 5. Summary and Conclusion

Abstract

This chapter summarizes the results of this book and draws some legal policy conclusions. Our findings are mainly based on the analysis of legal framework conditions and the evaluation of the privacy statements of crowdsourcing platforms located in China, Germany and the U.S., presented in the preceding chapters. The results of this study provide inspiration for future research and legal action in the field of crowdsourcing and data privacy.

Lars Hornuf, Sonja Mangold, Yayun Yang

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Backmatter

Titel: Data Privacy and Crowdsourcing
verfasst von: Lars Hornuf
Sonja Mangold
Yayun Yang
Copyright-Jahr: 2023
Verlag: Springer Nature Switzerland
Electronic ISBN: 978-3-031-32064-4
Print ISBN: 978-3-031-32063-7
DOI: https://doi.org/10.1007/978-3-031-32064-4