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2 results

Data Rights in Transition

Data Rights in Transition
  • Rachelle Bosua, Damian Clifford, Jing Qian, Megan Richardson
  • Published online:
    08 August 2025
    Print publication:
    04 September 2025
  • Data Rights in Transition maps the development of data rights that formed and reformed in response to the socio-technical transformations of the postwar twentieth century. The authors situate these rights, with their early pragmatic emphasis on fair information processing, as different from and less symbolically powerful than utopian human rights of older centuries. They argue that, if an essential role of human rights is 'to capture the world's imagination', the next generation of data rights needs to come closer to realising that vision – even while maintaining their pragmatic focus on effectiveness. After a brief introduction, the sections that follow focus on socio-technical transformations, emergence of the right to data protection, and new and emerging rights such as the right to be forgotten and the right not to be subject to automated decision-making, along with new mechanisms of governance and enforcement.

  • 5 - Traditionalist Data Protection Rules

  • Ignacio Cofone, University of Oxford
  • Book:
    The Privacy Fallacy
    Published online:
    16 November 2023
    Print publication:
    30 November 2023, pp 88-109

  • Summary

    Chapter 5 examines traditional data protection law’s regulatory outcomes. It shows why data rights and rules, while desirable, don’t address the core problems of the contracts model and can’t work well without the liability model. Data rights unintendedly impose administrative burdens on those they protect. Mandatory rules better address power asymmetries and manipulation than defaults. But our procedural rules overregulate while they underprotect: they benefit large players by adversely affecting new players and they allow companies to comply merely by following box-ticking exercises. Against this backdrop, laws legitimize exploitation that can be executed while remaining compliant. A risk-reduction approach based on standards would reduce informational exploitation.