The Data-Extraction Economy And The Erosion Of Fundamental Rights: A Critical Assessment Of Surveillance Capitalism
- IJLLR Journal
- 5 hours ago
- 1 min read
Priyam Pratik, Faculty of Law, University of Allahabad
ABSTRACT
The contemporary digital economy has given rise to a form of accumulation that extracts value not from labour or natural resources, but from human behaviour itself. Surveillance capitalism, a term coined by Professor Shoshana Zuboff, describes a system in which personal data is harvested at scale, converted into predictive behavioural profiles, and monetised through targeted advertising and related commercial activities. This article critically examines the structural tension between surveillance capitalism and fundamental rights protections across multiple jurisdictions, with particular reference to the European Union, India, and the United States. Through an analysis of landmark case law including K.S. Puttaswamy v. Union of India (2017), Schrems II (2020), Carpenter v. United States (2018), and the CJEU's Google Spain ruling (2014), the article maps the evolving judicial and legislative responses to the encroachment of data-driven commerce upon rights of privacy, autonomy, dignity, and freedom of expression. The article identifies significant lacunae in the current regulatory architecture, including the commodification of consent, inadequate enforcement mechanisms, and the asymmetric informational power that technology corporations exercise over individuals. It further evaluates the Digital Personal Data Protection Act, 2023 (India), the GDPR regime, and the EU AI Act as partial but insufficient responses to this structural problem. The article concludes with constructive recommendations for a rights-anchored regulatory model that treats data sovereignty not as a market instrument but as a precondition of democratic freedom.
Keywords: Surveillance Capitalism, Fundamental Rights, Data Protection, GDPR, DPDPA, Privacy, Behavioural Data, Digital Economy, Informational Autonomy, AI Regulation.
