Algorithmic Systems: The Consent Is in the Detail?

Internet Policy Review, Volume 9, Issue 1, March 2020

19 Pages Posted: 17 Apr 2020

See all articles by Alexandra Giannopoulou

Alexandra Giannopoulou

University of Amsterdam - Institute for Information Law (IViR)

Date Written: 2020

Abstract

Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled so as to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?

Keywords: GDPR, Consent, Data Protection, Consent

Suggested Citation

Giannopoulou, Alexandra, Algorithmic Systems: The Consent Is in the Detail? (2020). Internet Policy Review, Volume 9, Issue 1, March 2020, Available at SSRN: https://ssrn.com/abstract=3559978

Alexandra Giannopoulou (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

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