Privacy Law and Commodification: The Influence of the Possessive Individual

This article examines the relationship between privacy and commodification, drawing on the historical treatment of the photographic subject in English law. It argues that contemporary privacy law provides ineffective protection against market-driven threats because it has been shaped by the commercial forces it seeks to restrain. Photography was a key stimulus to early privacy laws, which emerged to protect individuals from market-driven violations by enabling them to withhold their image from exposure. Yet despite its market-sceptic rhetoric, English privacy law has historically relied on liberal-capitalist notions of property and discreetly fostered the economic value of image. Post-Human Rights Act English law has amplified this tendency by introducing the fiction of the ‘possessive individual’ and embracing self-commodification as a means to protect privacy. Such strategies render individuals more susceptible to commodification by constructing the legal subject in explicitly market-based terms. This pro-market notion of privacy buttresses and legitimises the hyper-commodifying business models of contemporary digital industry.

Institutions

Publication Details

Journal
White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
Published
2024-12-01
Primary Topic
Innovative Human-Technology Interaction
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Privacy Law and Commodification: The Influence of the Possessive Individual

White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
Innovative Human-Technology Interaction
article

Privacy Law and Commodification: The Influence of the Possessive Individual

article en

Abstract

This article examines the relationship between privacy and commodification, drawing on the historical treatment of the photographic subject in English law. It argues that contemporary privacy law provides ineffective protection against market-driven threats because it has been shaped by the commercial forces it seeks to restrain. Photography was a key stimulus to early privacy laws, which emerged to protect individuals from market-driven violations by enabling them to withhold their image from exposure. Yet despite its market-sceptic rhetoric, English privacy law has historically relied on liberal-capitalist notions of property and discreetly fostered the economic value of image. Post-Human Rights Act English law has amplified this tendency by introducing the fiction of the ‘possessive individual’ and embracing self-commodification as a means to protect privacy. Such strategies render individuals more susceptible to commodification by constructing the legal subject in explicitly market-based terms. This pro-market notion of privacy buttresses and legitimises the hyper-commodifying business models of contemporary digital industry.

White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
University of Leeds (GB), University of Bristol (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Innovative Human-Technology Interaction
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.