Reinvigorating Consent: Exploring New Paradigms for Privacy and Data Sharing

Abstract

This paper examines the inadequacies of the notice-and-consent paradigm in personal data processing, which fails to distribute data economy benefits fairly and degrades data privacy. We explore alternative frameworks like group privacy and contextual integrity that propose a communal and contextual approach to data privacy decisions. Critiquing the consent model for overlooking data externalities and the influence of cognitive biases, we argue against the de facto overreliance on individual consent under the General Data Protection Regulation (GDPR). Instead, we advocate for a revised model that integrates group privacy strategies and contextual norms with strategic, selective deployment of active consent. This proposed approach emphasises the balance between individual autonomy, group interests, and communal privacy norms, aiming to empower users with meaningful engagement in consent decisions. We discuss the potential of this model to enhance data privacy in the context of the evolving European Union data spaces and the personal data market.