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Yes, Consent Is Dead and Giving It a Central Role Is Dangerous

PRIVACY LAW—EU

December 18, 2013

At the just-concluded IAPP Data Protection Congress in Brussels, the audience heard a bold proposal from closing keynote Viktor Mayer-Schönberger: “The naked truth is that informational self-determination has turned into a formality devoid of meaning and import.” Contemporary ideas of notice and consent, he argued, are a farce. In this installment of Privacy Perspectives, Field Fisher Waterhouse Partner Eduardo Ustaran, CIPP/E, explores the role of consent, noting that EU data protection law is predicated on it. “But does this approach still hold true?” he asks. “Can we—as individuals—really have a meaningful degree of control over the vast amount of information we generate?”
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