The Failure of GDPR: A Mirage of Data Rights and the Illusion of Control
Louay Aldoory
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In May 2018, the General Data Protection Regulation (GDPR) was hailed as a landmark in protecting personal data, promising to give EU citizens unprecedented control over their information in an increasingly digital world. Its origins stem from a noble cause: to create a comprehensive framework that safeguards the privacy and rights of individuals amidst the proliferation of data-centric technologies. However, as we mark six years since its inception, it is clear that GDPR needs to catch up to its grand promises. The reality of data rights under GDPR is a convoluted mess of legalese, ineffective controls, and a fundamental imbalance of power favouring corporations over individuals.
The Mirage of Control
At its core, GDPR was supposed to empower individuals with greater control over their data. The regulation introduced concepts such as explicit consent, the right to access, rectification, and the right to?be forgotten. In theory, these provisions?were designed?to grant individuals autonomy over their data. In practice, however, GDPR has become a labyrinth of consent forms, privacy policies, and opt-in boxes that most users mindlessly click through.
The daily life of an internet user?is inundated?with pop-ups and disclaimers. Each website, app, and service demands consent, often presenting lengthy and complex privacy policies that few have the time or expertise to understand. This approach reduces GDPR's lofty ideals to a mere formality: users?are left?with Hobson's?choice of navigating through mountains of legal text or?blindly?accepting terms to proceed.?This?is not empowerment; it is obfuscation.
Data Ownership: The Missing Piece
The fundamental flaw of GDPR lies in its conceptual framework. While it provides rights regarding?how data is processed, it does not confer actual ownership to the individuals who generate it.?This?is a critical oversight. In an era where data is often dubbed the new oil, the value of personal information is immense. Companies have amassed vast fortunes by mining, analysing, and monetising user data. They track preferences, shopping habits, locations, and?interactions and even accurately predict behaviours. Yet, the users, whose data fuels this lucrative engine, see?none of the?profits.
Imagine a world where data generated by individuals?is treated?as their property, where they hold legal ownership and can claim a share of the profits derived from it. If companies?are using?personal data to generate revenue, then individuals should be entitled to a corresponding share of the profits. Additionally, if data is stored and remains unused, it should generate rental income for the data owner.?This?would?not only?redress the economic imbalance?but also?incentivise companies to handle data responsibly and transparently.
Companies Getting Rich on Your Data
The current data economy is skewed heavily in favour of corporations. Tech giants like Google, Facebook, and Amazon have built empires by exploiting personal data. They refine their algorithms, tailor advertisements, and optimise services while reaping financial rewards. On the other hand, the users receive "free" services at the cost of their privacy and autonomy.
These companies argue that the services they provide justify the data they collect.?However, this argument?falls flat?when one considers the immense profits they generate compared to the?value of the?services?offered.?The scales?are tipped, and the balance needs to?be restored.
A Vision for the Future: A Charter of Data Ownership
To address the inadequacies of GDPR, we need to fundamentally rethink our approach to data rights. Here are some ideas to spark this revolution:
GDPR was a step in the right direction, but it needs to go?farther. It has introduced the concept of data rights but failed to implement them effectively. To truly empower individuals, we?need to?move beyond the illusion of control and establish genuine data ownership. By shifting the power back to the users and ensuring they?are fairly compensated?for the value they provide, we can create a more just and equitable digital economy. The time has come to rethink data rights and transform GDPR from a well-intentioned but flawed regulation into an actual charter of data ownership.
The Key to True Data Ownership is?Blockchain
With its decentralised and transparent nature, blockchain technology offers a promising solution to?the challenges of?managing user data, ensuring fair compensation, and fostering genuine data ownership. By leveraging blockchain, we can create a system where companies "pay to play" rather than exploiting user data for free. Here's how blockchain can revolutionise data management:
Transparent and Secure Data Transactions
Blockchain's immutable ledger can record every?transaction involving personal data, ensuring transparency and security.?Each time a company accesses, uses, or sells personal data, the?transaction?is recorded?on the blockchain.?This?provides a clear, auditable trail of data usage, making it easier for individuals to track how their data is utilised and ensuring companies cannot misuse or obscure their activities.
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Data as a Commodity: Fees and Income
With blockchain, personal data can?be treated?as a commodity, with users setting the terms for its use. Here's how it can work:
User Participation and Control
Blockchain empowers users to take active control of their data:
Companies Paying to Play
The shift to a blockchain-based data management system changes the dynamics of the digital economy:
Conclusion: Embracing Blockchain for a Fair Data Economy
Integrating blockchain into managing user data addresses the fundamental flaws of GDPR and takes a giant leap towards?true?data ownership.?By ensuring that companies pay to access and use personal data, blockchain?shifts the power balance back?to the users.?It transforms data from a freely exploited resource into a valuable asset that generates income for its rightful owners. As we look to the future, embracing blockchain technology is essential for creating a fair, transparent, and equitable digital economy where users truly own and benefit from their?personal?data.
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Data Protection | AI Governance | Information Compliance | Co-Chair London IAPP Chapter
9 个月I think there’s a lot of potential in blockchain technology and managing consent. Interested to hear more!
Leadership and Keynote Speaker and member of the Data Science Research Centre at University of Derby
9 个月The idea that a discredited technology like blockchain can help here is a sad hallucination. We have yet to see any value creating BC products after 17 years of Proof of Concept experiments. Even pseudo blockchains like Hyperledger Fabric haven’t delivered, as we saw with the failed MAERSK experiment.
Senior Lecturer Commercial Law Uppsala University
9 个月Thanks for sharing!
???? Privacy & Tech Lawyer, Managing Partner @ ICTLC Sweden? Mentoring and training privacy professionals @ PrivacyCraft ? Lecturer @ Maastricht Uni? Certified DPO (ECPC-B), CIPP/E, CIPM, FIP ? ex-Volvo Cars, ex-Boeing
9 个月GDPR didn’t promise and couldn’t promise any such thing, given that those rights existed all the way from 1995. Also, the cookie banners have nothing to do with GDPR, consent to tracking is required under the e-privacy directive. Hardly a surprise then that this material is baseless.