Irrweg informationelle Privatautonomie

Informational private autonomy as the fundamental legal foundation of "control over one's own data" is not only an unrealistic illusion, but, in the age of the data economy, even counterproductive for effective data protection. The author works out the constitutional safeguards regarding informational private autonomy, examines privacy law and the control of standard terms and conditions with regard to the implementation and regulation of informational private autonomy. Based on law and economics considerations, he substantiates why the market approach to privacy in its current form does not do justice to the social significance of privacy. Against this background, the author discusses policy alternatives.