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The article aims to challenge and redefine the role of consent in data privacy law, positing that it may often do more harm than good.

August 13, 2026German Law JournalOpen Access

The Case for Abolishing Consent in Data Privacy Law

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This article challenges the assumptions of consent in data privacy, advocating for individual control without consent.

The article aims to challenge and redefine the role of consent in data privacy law, positing that it may often do more harm than good.
Connects economic data externalities to philosophical harm principles.
Examines privacy as a public good and its implications for consent.
Demonstrates that consent lacks moral justification when imposing burdens on others.
Argues that even rational decision-makers undermine data privacy collectively, rendering consent undesirable.

Emmanouil Bougiakiotis (2026) studied this question.

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