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Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective

Author

Listed:
  • I. Ooijen

    (Twente University)

  • Helena U. Vrabec

    (Yale University
    Leiden University)

Abstract

Because of increased technological complexities and multiple data-exploiting business practices, it is hard for consumers to gain control over their own personal data. Therefore, individual control over personal data has become an important subject in European privacy law. Compared to its predecessor, the General Data Protection Regulation (GDPR) addresses the need for more individual control over personal data more explicitly. With the introduction of several new principles that seem to empower individuals in gaining more control over their data, its changes relative to its predecessors are substantial. It appears, however, that, to increase individual control, data protection law relies on certain assumptions about human decision making. In this work, we challenge these assumptions and describe the actual mechanisms of human decision making in a personal data context. Further, we analyse the extent to which new provisions in the GDPR effectively enhance individual control through a behavioural lens. To guide our analysis, we identify three stages of data processing in the data economy: (1) the information receiving stage, (2) the approval and primary use stage, and (3) the secondary use (reuse) stage. For each stage, we identify the pitfalls of human decision-making that typically emerge and form a threat to individual control. Further, we discuss how the GDPR addresses these threats by means of several legal provisions. Finally, keeping in mind the pitfalls in human decision-making, we assess how effective the new legal provisions are in enhancing individual control. We end by concluding that these legal instruments seem to have made a step towards more individual control, but some threats to individual control remain entrenched in the GDPR.

Suggested Citation

  • I. Ooijen & Helena U. Vrabec, 2019. "Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective," Journal of Consumer Policy, Springer, vol. 42(1), pages 91-107, March.
    • Handle: RePEc:kap:jcopol:v:42:y:2019:i:1:d:10.1007_s10603-018-9399-7
    DOI: 10.1007/s10603-018-9399-7
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    References listed on IDEAS

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    1. Edwards, Lilian & Veale, Michael, 2017. "Slave to the Algorithm? Why a 'right to an explanation' is probably not the remedy you are looking for," LawArXiv 97upg, Center for Open Science.
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    Cited by:

    1. Marc Alier & Maria Jose Casañ Guerrero & Daniel Amo & Charles Severance & David Fonseca, 2021. "Privacy and E-Learning: A Pending Task," Sustainability, MDPI, vol. 13(16), pages 1-17, August.
    2. H. Li & A. Nill, 2020. "Online Behavioral Targeting: Are Knowledgeable Consumers Willing to Sell Their Privacy?," Journal of Consumer Policy, Springer, vol. 43(4), pages 723-745, December.
    3. Siddharth Tiwari & Sharad Sharma & Siddharth Shetty & Frank Packer, 2022. "The design of a data governance system," BIS Papers, Bank for International Settlements, number 124.
    4. I. Benöhr, 2020. "The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers," Journal of Consumer Policy, Springer, vol. 43(1), pages 105-124, March.
    5. Haifei Yu & Shanshan Zheng & Hao Wu, 2023. "User Privacy Awareness, Incentive and Data Supply Chain Pricing Strategy," Sustainability, MDPI, vol. 15(4), pages 1-24, February.
    6. Claire M. Segijn & Joanna Strycharz & Amy Riegelman & Cody Hennesy, 2021. "A Literature Review of Personalization Transparency and Control: Introducing the Transparency–Awareness–Control Framework," Media and Communication, Cogitatio Press, vol. 9(4), pages 120-133.
    7. Philipp Lorenz-Spreen & Stephan Lewandowsky & Cass R. Sunstein & Ralph Hertwig, 2020. "How behavioural sciences can promote truth, autonomy and democratic discourse online," Nature Human Behaviour, Nature, vol. 4(11), pages 1102-1109, November.

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