The Promise and Shortcomings of Treating Privacy as a Fundamental Inalienable Right

Autor: Maurice E. Stucke
Rok vydání: 2022
DOI: 10.1093/oso/9780197617601.003.0006
Popis: This chapter considers an alternative approach of viewing privacy and one’s right in one’s data as a fundamental, inalienable right. It explains how deeming privacy as a fundamental right does not automatically provide individuals greater control over their data nor does it lead to a uniform approach to deter data-hoarding and curb the toxic competition engendered by behavioral advertising. It also examines the California Consumer Privacy Act of 2018 (CCPA) and Europe’s General Data Protection Regulation (GDPR), which have been hailed as privacy highpoints. The chapter deliberates how CCPA and GDPR treat privacy as a fundamental, inalienable right and seek to give individuals greater control over their data. It explores the challenge in enacting the privacy framework that attacks the surveillance economy, which a few powerful platforms have designed for their benefit and at the public’s expense.
Databáze: OpenAIRE