In today’s digital age, it is almost second nature to accept that our online activities are being watched and our data collected. We are told that laws like Europe’s General Data Protection Regulation (GDPR) https://en.wikipedia.org/wiki/General_Data_Protection_Regulation and California’s Consumer Privacy Act (CCPA) https://oag.ca.gov/privacy/ccpa give us control over our personal information. But when you dig a little deeper, it seems that this so-called “consent” we give might not be as empowering as it is made out to be.​

Think about it: every time you open an app or visit a website, you are greeted with a pop-up asking you to agree to some privacy policy or accept cookies. Technically, you have a choice. But if you decline, you might lose access to the service altogether. So, is that really a choice? Most of us do not have the time or expertise to wade through pages of legal jargon, so we just click “agree” and move on. This turns the idea of “informed consent” into more of a formality than actual empowerment.​

Laws like Europe’s General Data Protection Regulation were designed to give us more control over our data. They emphasize the importance of “informed consent,” meaning we should know exactly what we are agreeing to when we share our personal information. But in reality, the balance of power is skewed. Companies draft these dense privacy policies, and we, the users, are left to decipher them. This dynamic shifts the responsibility onto us and lets companies off the hook, all under the guise of giving us control.​ One glaring issue is the assumption that we can simply trade our privacy for the convenience of using digital services. By focusing so much on consent, these laws might actually be giving a free pass to intrusive data collection practices. Take, for example, the collection of biometric data or tracking our locations. As long as there is a checkbox somewhere that we have clicked, companies can argue that we have agreed to it, even if we did not fully grasp what we were consenting to. And with big tech companies dominating the digital landscape, saying “no” often is not a viable option if we want to stay connected in today’s world.​

Ironically, these regulations might be making things worse by turning privacy into a commodity. Instead of setting strict limits on data collection, laws like the General Data Protection Regulation and California’s Consumer Privacy Act have led companies to find ways to comply on paper while still profiting from our data. Consent forms become just another box to tick, designed more to protect companies from lawsuits than to protect our privacy.​

Enforcement is another weak spot. There have been some hefty fines, like the €746 million penalty against Amazon for breaching General Data Protection Regulation guidelines https://www.reuters.com/technology/amazon-loses-court-fight-against-record-812-mln-luxembourg-privacy-fine-2025-03-19/. But for tech giants, these fines are often just a drop in the bucket, seen as the cost of doing business. They continue their data practices largely unchecked, while governments, eager for economic growth and technological advancement, are hesitant to crack down too hard.​ On the government side, surveillance is ramping up, often justified by national security or public safety concerns. Laws like the USA PATRIOT Act https://www.fincen.gov/resources/statutes-regulations/usa-patriot-act have broadened the scope of data collection, leaving citizens with little space to speak up in the matter. This normalization of surveillance is reshaping our expectations about privacy and personal freedom in unsettling ways.​

So, where does this leave us? Despite the good intentions behind privacy laws, they often end up legitimizing the very data collection practices they are supposed to regulate. Relying solely on consent is not enough to protect our privacy. Real change would mean challenging the core business models that thrive on surveillance and holding companies truly accountable. Until we address these deeper issues, the idea that we have control over our personal data will remain more illusion than reality.​ We need to understand that privacy is about power—who has it, how they use it, and whose interests they serve. True privacy protection requires more than just ticking boxes; it demands real changes to how the digital economy operates and how governments oversee data practices. Without tackling these fundamental challenges, the notion of consent will continue to be a convenient smokescreen, allowing both companies and governments to avoid genuine accountability.

-- DuohaoMiao - 26 Mar 2025