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MayaUchimaFirstEssay 4 - 01 Apr 2018 - Main.EbenMoglen
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Maya Uchima | | | What Are Some Solutions?
It is clear that data protection is a very difficult area to regulate, as the technology engineered to shield private information is constantly being hacked, revamped, and regulated by new rules. The blanket remedies proposed in the GDPR most likely will fail in the immediate short-term due to some of the problems discussed above. However, possible actions taken by consumers themselves may help in the implementation and effectiveness of the GDPR. Most significant is the level of awareness consumers have and their general technological savvy. The more informed the consumer, the more likely the offending practice will be sniffed out and protected against. Many consumers have become complacent because they know they do not understand how data privacy works and are willing to allow third parties to regulate it for them. With a more trained eye and the confidence in what is and is not permissible or dangerous, consumers will be better equipped to handle these violations. | |
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This draft talks about the GDPR only to the extent of mentioning its
preamble. There's no discussion of anything in the regulation, or of
any of the machinery of implementation. To say that the bureaucracy
is "shrouded in mystery" doesn't really account for the activities of
the national public servants who are charged with the work, and who
are in general not all that mysterious.
So I take it that the point of the draft is not in fact to analyze
the GDPR or the system it creates. Nor is there a
discussion—such as I hypothesized you might want to
undertake—of the actual doubts expressed by critics who think
the model of the data subject and her consent is problematic not
because of doubt about what constitutes consent (an issue to which
the regulation does speak in terms you don't discuss), but rather
because consent is not a useful tool in dealing with environmental
problems in which externalities, not individual choices, drive the
policy calculus.
So from here, the route to improvement seems to me to lie through
another effort at editorial self-scrutiny. What is the real subject
of the essay? Let's get it said, clearly and without unnecessary
decoration, at the top of the piece. Then you and the reader will
both know what your goals are, and it will be easier for the reader
to follow you as you achieve them.
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