Consent as a legal form of expression of will: problems of interpretation in the context of working with big data

Abstract

The specifics of consent as a legal form of will expression in the context of working with big data examines. The issue of the adequacy of the traditional approach to the interpretation of consent in the face of modern challenges posed by digital transformation is analyzed. In the context of the large-scale collection and processing of personal data, big data technologies and artificial intelligence algorithms challenge the awareness, freedom, and consciousness of data subjects' will expression. Special attention is paid to the issues of the multi-purpose use of data, the complexity of user agreement comprehension, and the restriction of individual autonomy due to automated decision-making. The article analyzes national and international legislation, including the provisions of the GDPR and the Law of the Republic of Kazakhstan «On Personal Data and Their Protection», as well as practical and theoretical issues of ensuring the rights of data subjects. The study concludes that there is a need to develop new approaches to the legal regulation of consent that ensure the real preservation of freedom and autonomy of will in the context of digital transformation.