From Consent to Control: Rethinking Data Protection Frameworks in the Age of Artificial Intelligence

Abstract

The "control and consent" process is a major component of current data protection laws, which were mainly created for the age of digital information and web 2.0. This paradigm has been completely upended by the spread of Generative Artificial Intelligence (Gen AI). In light of Large Language Models (LLMs) that rely on enormous, opaque datasets, this study contends that consent has evolved into a transactional fiction that fails to uphold individual rights. This study promotes a change from a "consent-based" paradigm to a "control-based" framework using a qualitative policy analysis and comparative legal review. In order to create a sustainable governance framework for the AI era, this paper's evolution stresses algorithmic accountability, data fiduciary obligations, and privacy preserving technologies (PPTs) over user-side agreements.