Digital Exploitation of the Personal Data of Individuals & Consumers – Is the Rise of “Data Consumer Law” Potent in Proffering Effective Protection?

Abstract

This paper seeks to study the contemporary phenomenon of how personal data of individuals and consumers is being exploited online, and especially through social media websites and companies. The paper seeks to evaluate whether and how the rise of a “data consumer law” can help to deal with this rising phenomenon. Deeper analysis would reveal that while both consumer law and data protection laws can help to protect the interests of consumers in this context, their amalgamation and operation in tandem with each other can help to overcome certain hurdles and can help to bolster the level of protection that the consumers and individuals will have against these data companies. Indeed, the paper will show that the provision of personal data in exchange for a free social media service or account is never truly free; the personal data of the consumer can be and is usually sold to service companies that seek to market and sell particular services and goods to the consumers. In such a case, the paper shows that it is important to study how to regulate the way personal data is left out in the online sphere. The rise of data consumer law is indeed inevitable and desirable, given the context that consumers and their personal data is being exploited in novel ways. The paper also shows that the marriage between both bodies of law is indeed a rocky one, and therefore it is important that certain changes are brought about in order to ensure the smooth development of this new body of law.