Rethinking Privacy: Individual Control vs. Societal Responsibility

Today’s guest is Boston University School of Law professor Woodrow Hartzog, who, with the George Washington University Law School's Daniel Solove, is one of the authors of a recent paper that explored the novelist Franz Kafka’s worldview as a vehicle to arrive at key insights for regulating privacy in the age of AI. The conversation explores why privacy-as-control models, which rely on individual consent and choice, fail in the digital age, especially with the advent of AI systems. Hartzog argues for a "societal structure model" of privacy protection that would impose substantive obligations on companies and set baseline protections for everyone rather than relying on individual consent. Kafka's work is a lens to examine how people often make choices against their own interests when confronted with complex technological systems, and how AI is amplifying these existing privacy and control problems.