Eurpean Data Protection Summit – Bridging individual rights and collective values in the EU and beyond

In the realm of privacy and data protection as fundamental rights, it’s crucial to recognise the dual nature of these rights as both individual rights and collective values on which truly and meaningfully free, equal and fair societies are built. While individual rights encompass aspects like personal autonomy and control over one’s data, collective values and rights extend to broader societal benefits such as trust in institutions, democratic principles, and social cohesion. The latter indicates the need to ensure that all individuals are kept from harm within the corresponding framework(s). As a consequence of the emphasis on individual rights in discussions surrounding the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED), we argue that there has been a notable oversight of the importance of collective values and the potential for collective redress, disregarding Article 17 of the International Covenant on Civil and Political Rights recognising privacy as a community interest.

While regulations like the GDPR and the LED have made strides in empowering individuals to control their personal data, both discussions and implementation have predominantly revolved around issues like consent, data subject rights and safeguards, sidelining discussions about broader societal implications and needs, particularly when it comes to democracy, social justice and meaningful equality. The current framework neglects the possibility of conceptualising privacy and data protection as collective rights that could be defended as such, obtaining a form of redress that ensures the protection of both individual and communal necessities. It is imperative to consider these aspects when legislating, especially for communities most vulnerable to both commercial and state surveillance. Interestingly, some states emphasise the need to protect consumer privacy and data while simultaneously laying the groundwork for expanded mass surveillance efforts. This is why it is crucial to bear in mind that privacy should also safeguard individuals and communities from situations where those in positions of power may act incompetently, in a discriminatory manner, or outright against the rule of law. It is also vital to explore, listening from civil society organisations with deep on-the-ground experience, how these harms are enabled by the socio-economic, legal, and informal structures in place.

Understanding the impact of privacy and data protection violations beyond the EU adds a crucial layer of complexity, particularly when departing from relativist comments accusing privacy of being a purely Western concept. Variations in specific contexts, legal frameworks, and technological infrastructures influence how privacy and data protection are perceived and managed globally. Even more so, the impact of violations of these fundamental results in tangible real-world harm, oftentimes collective harm, especially for vulnerable communities. Incorporating these diverse perspectives enhances our understanding of the challenges and opportunities inherent in addressing privacy and data protection rights on a global scale.

By shifting the focus to encompass both individual (not necessarily consumer-centred) rights and collective values, we can better address the multifaceted nature and significance of privacy and data protection. Recognising the significance of collective values such as societal trust, democratic participation, and social cohesion, hand in hand with equality and equity, allows us to mitigate potential negative consequences overlooked in discussions and legal frameworks focused solely on individual rights.

Moving forward, it should be essential for institutions, policymakers, and organisations to adopt a more holistic approach that considers the interconnectedness and need for the protection of individual rights and collective values, understanding concrete actions that need to be developed on the spot. This involves safeguarding individual autonomy and data control, promoting broader societal interests, advocating for the legislation and protection of collective rights, and ensuring responsible data use for the benefit of individuals, collectives and society as a whole. In the present context, it notably entails reconsidering how the European Collective Redress must be reconceptualised beyond a framework solely aimed at safeguarding consumer rights. The session will, therefore, transcend traditional boundaries to reimagine privacy and data from a multidimensional and global perspective. It also aspires to propose actionable strategies for policymakers, civil society actors, and citizens.

Register to participate at the European Data Protection Summit here and find out more about the event.