Rebalancing the Scales: Data Subject Rights in an Era of Controller Dominance

Abstract

There is a power imbalance between data subjects and data controllers. On one hand, data controllers solely determine the purpose of data processing. On the other hand, most data subjects give up their consent to sketchy data privacy policies due to economic reasons.

This paper explores the power imbalance between data subjects and controllers, the legal, organisational, and technological measures already in place to level the playing field, innate and cultural challenges plaguing these attempts, and corresponding recommendations.

The paper is drawn up with a qualitative methodology. It is a critical exposition of the findings and writings of researchers, scholars, advocates, and major stakeholders in data privacy.

Data controllers are increasingly lobbying data privacy policies in their favour. While digital privacy is a fundamental right, surveillance capitalism seems to be the exception as its influence over regulations deepens.

There's a digital divide that stunts the progress of data privacy efforts. Digital literacy is essential to bridge the existing digital divide and make a culture of data privacy the norm. Collective data subject groups will get more done than individual enforcement attempts.

A thorough reading of this paper will show you that data collection and storage are inevitable. However, it is possible to establish a stronger trust relationship based on stricter guidelines for interaction between data controllers and data subjects.