Document Type
Article
Publication Title
Sciences Po Law Review (La Revue des Juristes de Sciences Po)
Volume
25
Publication Date
2024
Keywords
notice, consent, privacy, consumer protection, regulation, artificial intelligence, General Data Protection Regulation
Abstract
Recent policy developments suggest that consumer sovereignty models of regulation have substantial, if not fatal, limitations. Binding decisions by the European Data Protection Board in 2023, as well as other recent public law enactments in the EU and the US, overtly reject the assumption that individuals are best situated to manage how companies process or use their personal information. Prevalent online practices are too opaque. And the “ take it or leave it ” services that companies provide render individuals’ rights and commercial choices effectively meaningless. In short, the relative power of consumers as compared to the companies that collect, process, and monetize personal information belies the normative conceit that consumers are in fact sovereign.
Recommended Citation
Olivier Sylvain,
Regulating for Asymmetric Market Power : Beyond the Consumer Sovereignty Model, 25 Sci. Po L. Rev. 37
(2024)
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1353
