The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection for the data subject (efficacy of the privacy consent). The analysis is conducted having regard to the 2016/679 European Regulation (GDPR) and drawing on results from behavioral studies. By examining private remedies (liability for damages) laid down for the infringement of the rules on consent and the relevant judgements in the Italian legal systems, the study finally argues for being the right to privacy consent lacking of autonomous legal protection. Some proposals for an alternative scenario are finally suggested.
Il consenso al trattamento dei dati personali tra Nuovo Regolamento Europeo e analisi comportamentale
CAGGIANO, Ilaria Amelia
2018-01-01
Abstract
The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection for the data subject (efficacy of the privacy consent). The analysis is conducted having regard to the 2016/679 European Regulation (GDPR) and drawing on results from behavioral studies. By examining private remedies (liability for damages) laid down for the infringement of the rules on consent and the relevant judgements in the Italian legal systems, the study finally argues for being the right to privacy consent lacking of autonomous legal protection. Some proposals for an alternative scenario are finally suggested.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
