The scope of consent in personal data protection

perspectives on the surveillance society in the information age

Abstract

The paper examines the scope of data subject's consent as a core protective instrument of personal data protection. To this end, the research analyzes how consent has been shaped under the General Data Protection Regulation, the Brazilian Civil Rights Framework for the Internet and the General Data of Protection Act. The paper also looks into how the effectiveness of this legal basis has become a questionable matter to ensure the data subject’ autonomy of decision amid the technological arms race of surveillance. To overcome the insufficiencies of the consent paradigm, three perspectives are presented as interesting solutions in order to adapt data protection with the information market. Finally, it concludes that the guarantee of the fundament of informative self-determination goes far beyond consent as a merely formal mechanism. The perception that the data subject is in a situation of vulnerability under this relationship is crucial to deal with the numerous challenges of data protection.