The Illusion Of Digital Consent: Privacy As A Commodified Right In The Age Of Surveillance Capitalism
- IJLLR Journal
- Jul 26
- 1 min read
Ms Muskan Grover, Assistant Professor, Centre for Legal Studies, Gitarattan International Business School affiliated to GGSIPU Delhi
Ms Ashmi Jha, Integrated BALLB, Centre for Legal Studies, Gitarattan International Business School, affiliated to GGSIPU Delhi
Ms Sanskriti Rajput, Integrated BALLB, Centre for Legal Studies, Gitarattan International Business School, affiliated to GGSIPU Delhi
ABSTRACT
This paper critically examines the evolving nature of privacy in the digital age, tracing its shift from a universally recognized fundamental right to an increasingly commodified and stratified privilege. By examining legal frameworks, corporate data practices, and governmental surveillance policies in jurisdictions such as India, the European Union, and the United States, the study highlights the growing difference between the concept of informed digital consent and its practical implementation. The findings suggest that the modern surveillance system has rewritten the rules for consent framework, making large scale data collection legitimized, thereby aggregating a digital divide among those who can afford premium services like VPNs, and those who are left exposed due to lack of knowledge or resources. The paper profess that existing consent-centric privacy models are fundamentally flawed and insufficient to safeguard individual rights. In response, it advocates for a rights-oriented standard grounded in principles of privacy by design, data minimization, and algorithmic accountability. This research offers a critical contribution to the discourse on how technological structures interact with legal norms to erode personal liberty and weaken the foundations of democratic governance.
Keywords: Digital privacy, surveillance capitalism, data protection, informed consent, algorithmic governance, human rights.
