In this episode of Accelerating AI Ethics, the podcast of Oxford’s Institute for Ethics in AI, Dr Caroline Green is joined by Professor Ignacio Cofone, Professor of AI Law and Regulation, to discuss his book The Privacy Fallacy: Harm and Power in the Information Economy and what it reveals about privacy in the age of artificial intelligence.
As AI systems increasingly depend on vast, interconnected datasets, traditional approaches to privacy, centred on individual consent and control over personal information, are struggling to keep pace. Professor Cofone argues that today’s privacy laws are not only outdated, but may actively enable an ecosystem in which data-driven harms flourish. Many of the most serious risks associated with AI, from discrimination and manipulation to surveillance and exploitation, are relational and collective, and stem from how data is used rather than how it is collected.
Throughout the conversation, Dr Green and Professor Cofone unpack why familiar mechanisms such as privacy policies, cookie banners, and “I agree” moments offer little meaningful protection. They explore how powerful inferences can be drawn from seemingly innocuous data, how individuals can be affected by information they never directly shared, and how current legal frameworks place unrealistic responsibility on individuals rather than on those who profit from data use.
The episode also examines the power dynamics of the digital ecosystem, where large technology companies hold unprecedented informational influence. Professor Cofone challenges the idea that regulation inevitably stifles innovation, arguing instead that better-designed laws, focused on fairness, accountability, and harm prevention, can enable socially beneficial innovation while discouraging exploitative practices.
Looking ahead, the discussion considers what meaningful reform of data protection law could look like in an AI-driven information economy, including the role of harm liability, data protection by design, and ethical investment. This episode offers essential listening for anyone interested in AI ethics, data protection, and the future of privacy in a data-driven society.
