Free markets, high walls: data protection and the question of post-neoliberalism

Abstract Are data collection practices, which enable data-reliant economies, neoliberal? If so, are data protection policies a move towards post-neoliberalism? To answer these questions, we first offer a novel approach to neoliberalism by considering both market and state rationalities. We argue that only where we identify both economic steps away from “free markets” and national security steps away from “high walls” can we credibly assert a move toward a post-neoliberal era. We assess neoliberal and post-neoliberal elements in relation to three key issues in data collection and protection, focusing on the EU and the US: data transfer across borders, data retention, and intelligence collection using spyware. We conclude that data protection remains largely compatible with neoliberalism.