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**The Challenges Digital Privacy Laws Face to Cope With Data-Wanting Technology.** As government authorities across the globe, rejoice over the passage of major privacy regulations, scholars worry that these laws are subject to constraining forces of contemporary data collection practices and do not cover incredible gaps in how the privacy of individuals is maintained. The General Data Protection Regulation in Europe, the California Consumer Privacy Act, and the increasing number of similar regulations at different levels do provide new rights for people to access, delete, and restrict the use of their data. Nevertheless, critics say that these rights are not so beneficial and do not mean anything in practice. The first issue arises with the notion of consent. Most of the regulations depend on the principle that people give consent to the way their data is handled after they read certain disclosures. In reality, in most cases, only a few people read full legal documents, and very few people comprehend them. One popular study found out that reading the full range of agreements a person has to encounter each year would take weeks of time. The situation with consent notifications is even worse as they are often made to manipulate consumers into pressing the accept button. The issue of enforcement is also problematic for the current legal framework. Regulation agencies are typically understaffed as they have to supervise a lot of companies. For instance, an investigation may last for several years, which is aggravated by the fact that fines imposed by authorities, although high in absolute terms, may appear to be a small part of a company’s revenue. The problem of borders also complicates the situation even more. The internet is not bounded by any borders since data can move from one jurisdiction to another within a second. However, from a legal point of view, there are restrictions on where data can be sent. The long-term argument regarding the transfer of data from Europe to America is just an example of the immense uncertainty the countries, companies, and individuals face in relation to this legal conundrum. Thus laws are out of date since they are unable to apply to the reality of the situation at hand. For example, in most cases, privacy laws deal with personal information; however, due to the continuous development in the field of data mining, companies can anonymize the data they use. At the same time, they can also apply algorithms to draw conclusions or predictions about the properties of individuals, but the legal justification of such processes does not exist. Moreover, there exist a large number of cases of data collection practices that are not covered by the laws in force. Companies use databases, applications, and available information to create data profiles about a certain person, applying information found in the public domain. The access of the government to the information collected by the business also provokes considerable questions since in many cases the government can buy the information it needs without permission. Advocates of data privacy prefer to reject the process of giving consent, favoring the prevention of possible data collection practices. Nevertheless, the industry has its own point of view, claiming that the department of data collection should recognize the links between business policies and advances in technology.

Digital Privacy Laws Struggle to Keep Pace With Data-Hungry Technology

But as lawmakers celebrate landmark laws such as Europe’s General Data Protection Regulation and California’s new Consumer Privacy Act, researchers and advocates say that privacy laws still leave gaping holes.

On paper, new laws give people the right to know what information a company has about them, ask that information to be deleted and prohibit companies from sharing it. But enforcement can be tough because regulators are often badly outnumbered, overseeing thousands of businesses, and investigations can drag on for years. And fines may only make up a tiny percentage of revenue for some of the biggest tech companies, which may be willing to write checks and chalk up fines as the cost of doing business.

Consent is key to these laws. Companies can’t collect certain kinds of data without explicit consent from users. But many researchers say consent is a flawed idea. Users are being asked to understand and control what happens with their own data, and it’s been shown again and again that consumers are not up to that challenge. It would take weeks of full-time work just to read all of the terms of service and privacy policies that a person encounters in a year. Companies can be required to be more forthright in asking for consent, but many of those banners nudge people to give in and hit “accept.”

Data can be sent around the world in a matter of milliseconds, but laws stop at national borders. Attempts to craft rules for how much data can be sent between Europe and the U.S. have repeatedly fallen apart, creating legal uncertainty.

Researchers also say that the laws are struggling to keep up with technology. Companies can link different kinds of data to identify people they claimed to be keeping track of anonymously. They can infer information about politics, financial status, health that’s in a legal gray area because people didn’t provide the information directly. Governments can sometimes buy this kind of data that they would otherwise need search warrants to obtain. And as companies start using A.I. more, data-hungry A.I. algorithms will only increase the demand for personal information.

As a result, some privacy advocates want laws that minimize the amount of data companies can collect and prohibit certain kinds of data, such as precise geolocation data, from being sold, period, taking the burden of protecting their information off individuals’ shoulders. Industry groups argue that regulations should avoid being too onerous, saying they can stifle innovation and crush small companies.