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Putting Consent in its Place: Proceduralism and Paternalism in EU Data Protection Law

Document Cited authorities 1 Cited in Related
Vincent
AuthorShukri Shahizam
PositionLLB (LSE) '19; LLM (Cantab) '20
Pages249-254
2020 LSE LAW REVIEW
249
Putting Consent in its Place: Proceduralism and
Paternalism in EU Data Protection Law
Shukri Shahizam*
ABSTRACT
It is highly likely that any discussion on EU data protection law begins with the notion of
consent. Yet, this carries the danger that a disproportionate load is placed on consent as a
regulatory tool. This letter argues that although consent can – and should – play an important
role in conceptualising data protection, rel iance on consent cannot be to the extent that it
overshadows substantive restrictions on data processing. Instead, regulators should grasp the nettle
and accept that modern asymmetries betwe en data subjects and data controllers make
paternalistic approaches to data protection a necessity.
* LLB (LSE) '19; LLM (Cantab) '20. The author was the Editor-in-Chief of the LSE Law
Review during the 2018/19 Academic Year Board.

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