(Re)quest for privacy: How to build consumer trust

Abstract

Due to global phenomena, technical developments, and political and journalistic revelations, it has been claimed that individual data subjects are increasingly losing their faith in the privacy safeguards provided by laws today. In response, legislators on both sides of the Atlantic have been taking an increasing interest in this domain. Nevertheless, consumers are still not necessarily better off — at least not yet. With particular regard to litigation, the challenges remain numerous. This paper examines some recent developments in the domain of privacy litigation, notably in relation to consumers and the notion of harm, as well as the associated challenges. The paper also provides a brief discussion on the Privacy Shield and transatlantic data transfers.