Navigating the Shadows: Evaluating Privacy Protections Against Dark Patterns

Authors

• Matt Gaulton
• Dominique Kelly, University of Western Ontario
• Dr. Jacquelyn Burkell, University of Western Ontario, Faculty of Information and Media Studies

Keywords

Privacy dark patterns, privacy frameworks, Personal Information Protection and Electronic Documents Act, PIPEDA, California Consumer Privacy Act, CCPA, European Union General Data Protection Regulation, GDPR

Abstract

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to its lack of financial penalties and binding enforcement mechanisms. Our comparative analysis focuses on three key categories of dark patterns: Obstruction, Obfuscation, and Pressure, and assesses the strengths and weaknesses of each framework’s provisions in protecting individuals from these tactics. Although the GDPR and CCPA offer stronger enforcement regimes, all three frameworks face considerable difficulties in detecting and responding to privacy dark patterns, which remain elusive to both users and automated systems. This paper contributes to the limited body of Canadian legal scholarship on dark patterns and highlights the urgent need for reform, including the introduction of financial penalties and enhanced regulatory powers. We also emphasize that effective regulation requires not only robust legal provisions but also practical tools and institutional capacity to identify and address evolving manipulative design practices. By situating PIPEDA within a broader international context, this paper identifies pathways for strengthening Canada’s privacy regime and enhancing its capacity to safeguard digital consent in an increasingly complex online environment.

Recommended Citation

Matt Gaulton, Dominique Kelly & Dr. Jacquelyn Burkell, “Navigating the Shadows: Evaluating Privacy Protections against Dark Patterns” (2025) 23:1 CJLT 65.