From data protection to data sovereignty: informational self-determination in the digital society

Although the fundamental right to informational self-determination in our democracy is still valid: the rules and demands of data protection are at least controversial. It is not only that consistent data protection can hardly be guaranteed in practice. It systematically fails because of non-transparent business models or the carelessness of consumers who thoughtlessly share their data and data traces. Moreover, the question increasingly arises whether data protection does not restrict citizens’ interest in actively using their personal data for their own and society’s benefit. If the alternative is only “protect” or “give away”, we cannot impose conditions on the use of our data. Nor can we invest it purposefully, let it work in a controlled way, as it were. Examples from medical research are obvious, for example when patients want to “donate” data in their own interest. And even beyond health issues, individuals are hindered or even prevented from participating in the potentials of big data. Collective interests can also hardly be linked to data sharing. Thus, new concepts of data sovereignty question classical data protection: instead of the idea of protecting and shielding, the motive of a responsible, productive and creative use of the data that we generate in our daily lives should come into play.