| Summary: | <p>This thesis focuses on the problem of widespread and sophisticated data collection and processing by private commercial entities, and the threat these practices pose to individual rights and freedoms. This work is directly concerned with European data protection law, and the fundamental rights to privacy and data protection. Particular emphasis will be placed upon the right to informational self-determination, which seeks to ensure individual persons, or ‘data subjects’, are able to exercise control over their personal data. As will be discussed, this concept is of crucial importance in this context, and is overwhelmingly threatened by the social, economic and technological circumstances of the information age.</p>
<p>The initial discussion will elaborate the problematic nature of the data economy, including the unprecedented scale of this issue and its detrimental consequences. Thereafter, this account will explore fundamental rights, proceeding with the right to privacy, which – despite its renowned importance – is significantly limited and thus unable to effectively respond to a threat of this character. The focus will then turn to data protection, and the need to recognise this right’s independent value distinct from privacy. Informational self-determination is essential in this regard, as the importance of data protection is demonstrated through its unique potential to: confer data subject control; and address the overarching power imbalances which currently render such control unfeasible. The success of data protection law relies upon fully developing both of these aspects. Legislative developments have made valid progress with respect to the former, but failed thus far to sufficiently address the latter. Therefore, the final chapter of this thesis will discuss how data protection can evolve to confront the information and power asymmetries of the digital age, in order to create an environment in which individual persons are both protected and empowered.</p>
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