The Crisis of the Right to Informational Self-Determination

by Angela Vivarelli

This paper focuses on changes in data protection regulation and especially on the risks concerning informational self-determination and privacy created by technologies. The analysis starts from the growing ability to control informational flows – the beating heart of the informational self-determination principal – and goes on to examine consent as a ‘tool’ for managing personal data. In reality, the evolution of information and communication technologies affects consent, which becomes an ‘instrument for building self-identity on the Internet’. There are several factors – with the advent of new tecnologies – that lead to the crisis of consent. The critical issues arise not only from the modern idea of privacy but also from current challenges to data protection regulation, such as the ‘privacy paradox’, ‘datafication’, profiling, and Big Data analytics. Starting from the impact these phenomena have on fundamental rights and freedoms, the research question is whether the GDPR’s ‘privacy by design’ offers a satisfying solution or whether a more complex and global reflection is required.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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