How Can We Move Beyond Performative Consent?
Jun 27, 2025
This week, we’re digging into the messy reality of consent: where it breaks down, why it’s rarely informed, and what to do instead.
One Research Paper
In this paper, Daniel J. Solove argues that neither notice-and-choice (U.S.) nor express consent (EU) meaningfully protects privacy—both rely on flawed assumptions about user understanding. Solove introduces the idea of murky consent—an acknowledgement that consent in privacy law is often performative.
One Set of Guidelines
Under UK GDPR, consent isn’t valid unless it’s freely given, informed, and unambiguous—and here, ICO lays out what that really means. Their guidance addresses common mistakes, such as tying consent to service access or burying it in T&Cs.
One Infographic
Source: Usercentrics
One Article
This article proposes a meaningful consent with clear opt-in mechanisms, transparent data practices, and the ability to withdraw or modify permissions. It also highlights how PETs like secure enclaves and differential privacy can support these goals in practice.
