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1 Leeds Student L. & Crim. Just. Rev. 30 (2021)
To What Extent Have the General Data Protection Regulation's Reformed Consent Requirements Enhanced Consumer Protection regarding Non-Sensitive Personal Data?

handle is hein.journals/lslcjr1 and id is 40 raw text is: Leeds Student Law and Criminal Justice Review To What Extent Have the General Data Protection Regulation's Reformed Consent Requirements Enhanced Consumer Protection Regarding Non-Sensitive Personal Data? SOFIA INGA TYSON Abstract Within the European Union (EU), data processing continues to rise at an unprecedented rate, despite consumers expressing concern about the ubiquity of personal data processing. This paradoxical behaviour provokes concern about the meaningfulness of the consent provided by consumers and thus the protection afforded to consumers by existing frameworks. This is a profound failure considering consent is the most common basis for legitimising personal data processing and is an integral tool for consumer protection. However, the recent incision of the General Data Protection Regulation (GDPR) promised to enhance the control possessed by consumers over their personal data and protect their ability to make autonomous, informed and transparent decisions. However, due to the recency of this legal framework, this claim has lacked sufficient exploration thus far. Therefore, this paper seeks to critically examine whether the GDPR's reformed consent requirements have truly enhanced consumer protection regarding non- sensitive personal data. It will critically review the doctrinal distinctions between consent under the GDPR and the Data Protection Directive (DPD) and wide bodies of interdisciplinary literature to conclude that whilst the law has made inherent improvements to the position of the consumer under the guise of consumer protection theory, the transformative and protective effects of the GDPR are largely illusory and overstated in practice because the GDPR remains contingent on the same flawed perceptions that led to the demise of the DPD. On this basis, regulatory interventions beyond black letter law are advocated and further research into these are prompted. 30

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