The Discourse of Control and Consent Over Data in EU Data Protection Law and Beyond

Stanford University Aegis Paper Series 2020

16 Pages Posted: 18 Feb 2021

See all articles by Elettra Bietti

Elettra Bietti

Northeastern University - School of Law

Date Written: January 10, 2020

Abstract

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. The emphasis on individual consent, choice and control over data also exists in other areas of EU law such as competition law and the regulation of disinformation. This Article argues that the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.

Keywords: data, consent, control, choice, data protection, GDPR, competition law, antitrust, European Union, disinformation, individual, consumer law

JEL Classification: K00, K20, K21

Suggested Citation

Bietti, Elettra, The Discourse of Control and Consent Over Data in EU Data Protection Law and Beyond (January 10, 2020). Stanford University Aegis Paper Series 2020, Available at SSRN: https://ssrn.com/abstract=3759329

Elettra Bietti (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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