Letter to the editor
Putting Consent in its Place: Proceduralism and Paternalism in Data Protection Law
BPP University Law School, GB
LLB (LSE) '19; LLM (Cantab) '20.
It is highly likely that any discussion on EU data protection law begins with the notion of consent. Yet, this carries the danger that a disproportionate load is placed on consent as a regulatory tool. This letter argues that although consent can – and should – play an important role in conceptualizing data protection, its reliance cannot be to the extent that it overshadows substantive restrictions on data processing. Instead, regulators should grasp the nettle and accept that modern asymmetries between data subjects and data controllers make paternalist approaches to data protection a necessity.
How to Cite:
Shahizam, S., 2021. Putting Consent in its Place: Proceduralism and Paternalism in Data Protection Law. LSE Law Review, 6(3), pp.249–254.
15 Mar 2021.