Data privacy and data security are essential pillars of our digital society. Yet they are often treated as mere afterthoughts, as if they were just annoying regulations for businesses or bureaucratic hurdles. But it is about so much more: it is about protecting privacy, preserving informational self-determination, and ultimately defending our democracy.
The General Data Protection Regulation (GDPR) was an important step in the right direction, but it is not enough. A recent example vividly illustrates why: the massive data leak at Volkswagen. Despite existing data protection regulations, millions of sensitive customer records were stolen – a clear indication that the protection of personal information in its current form is inadequate.
It is high time to enshrine data privacy and data security as an inalienable fundamental right in the constitution. Such a fundamental right would not only protect individual freedoms but also hold companies and authorities to a higher standard.
TL;DR: The GDPR is a toothless tiger. The VW data leak proves that regulations alone are not enough – data privacy needs constitutional protection as a fundamental right.
The GDPR: A Good Start, but Not Enough
When the GDPR came into force in 2018, it was celebrated worldwide as a model for data protection regulations. It brought more transparency, increased the accountability of companies, and gave citizens more control over their data. But reality shows that these measures are often insufficient.
A central problem is the implementation of the GDPR in practice. Large corporations have the financial and legal resources to exploit loopholes or simply absorb fines as a cost of doing business. Smaller companies, on the other hand, face enormous challenges when trying to meet the complex requirements. This leads to a paradoxical situation: the GDPR is supposed to improve data protection for everyone, but often only hits the wrong targets really hard. I have been through this game myself at our SME (as the IT manager) and it was not pleasant.
Furthermore, enforcement and oversight are lagging behind. Data protection authorities are underfunded and understaffed, meaning that violations are often only slowly addressed, if at all. This weakens trust in the GDPR and shows that voluntary or economically motivated data protection measures are not enough.
Right now, the GDPR is nothing more than a toothless tiger.
Marco Franke
The VW Data Leak: A Symptom of a Larger Problem
A particularly striking example of the GDPR's weaknesses is the recently revealed data leak at Volkswagen. Millions of customer records were stolen, including names, addresses, and financial information. This incident clearly shows that even large corporations with considerable resources are unable to adequately protect sensitive data.
Such leaks are not isolated incidents. Time and again, massive data breaches occur, whether through hacker attacks, internal security gaps, or plain negligence. While the GDPR provides for heavy fines for companies, this does little to address the fundamental problem: existing regulations do not provide sufficient incentives to take data security truly seriously.
Even more serious is the fact that affected customers are usually informed after the fact – and then often have no way to regain control of their stolen data. Sometimes customers are not informed at all, or only partially or incorrectly about the incident. Once published on the internet, this information often remains accessible forever. This means not only financial risks but can also have personal and professional consequences, potentially even endangering the freedom of an individual.
What Happened? 🫢
The recently revealed data leak at Volkswagen shows several serious problems at a technical level that go far beyond a simple hacker attack. According to reports, millions of customer records were stolen, including not only names and addresses but also financing data and – particularly critically – geodata.
A central problem with such leaks is the inadequate encryption and securing of collected data. Many companies store large amounts of personal information in centralized databases, often without sufficient pseudonymization or decentralization. This creates a single "Big Data" target for attackers – a so-called Single Point of Failure. If such a system is compromised, hackers gain access to an enormous treasure trove of data that can have devastating consequences in the wrong hands.
Particularly concerning are the stolen geodata, as they enable detailed movement profiles of individual persons. Modern cars continuously collect location data, whether through GPS systems, connected services, or so-called Vehicle-to-Cloud communication (V2C). This data is often stored not only for navigation but also for insurance, marketing analysis, or fleet management – usually without the full knowledge of the vehicle owners. In this case, VW even violated its own terms of service.
Collected Geodata Are a Serious Danger 💣
While many people are aware that their online activities can be monitored, many underestimate the dangers associated with geodata. Here are some particularly critical scenarios:
- Threat to individuals
Movement profiles can be used to spy on specific people. A potential perpetrator could use geodata to determine when someone is regularly at home or where they work. Stalkers, burglars, or even kidnappers could exploit such information. - Danger for children
Many modern vehicles are linked to family accounts or child safety systems. If such data falls into the wrong hands, perpetrators could find out where children regularly spend time, such as on the way to school or at sports practice. The linking of user profiles to geodata is extremely dangerous! - Security risk for authorities and diplomats
The leak is particularly dangerous for people working in sensitive professions, such as at the Federal Intelligence Service (BND), the Military Counterintelligence Service (MAD), or in diplomatic missions. A leaked movement profile could expose undercover investigators or intelligence officers, putting them in mortal danger. Diplomats could also become targets of state or non-state actors seeking to spy on their routes and locations. - Protection of journalistic sources at risk
Journalists and whistleblowers are also massively endangered by such data leaks. Media rely on informants being able to remain anonymous. If investigative reporters are in contact with a specific source and meet at certain locations, leaked location data could reveal this connection. This undermines source protection and endangers press freedom.
The CCC (Chaos Computer Club) published a very good and informative video of the talk at 38C3, showing how amateurishly VW handles data security and data privacy.
Marco Franke
Data Privacy Must Be a Fundamental Right 🔥
If data privacy and data security were enshrined as a fundamental right, it would elevate their importance to a new level. Currently, they are often regarded merely as regulatory measures that stand in opposition to economic interests. But a fundamental right to data privacy would make it clear: privacy is not a negotiable commodity.
Such a fundamental right would have several decisive advantages:
- Constitutional status for data protection
Companies and authorities would be forced to treat data protection as a central principle, not as an annoying regulation. Violations would not only be punished with fines but could have constitutional consequences. - More control for citizens
Currently, the responsibility for data protection often lies with the individual. Users must decide for themselves which data to disclose, risking being taken advantage of by opaque business models. A fundamental right would set clear limits on what data may be collected at all. - Stronger obligation for the state
Government agencies are also increasingly collecting data, whether through surveillance, registries, or digital government services. An enshrined fundamental right would ensure that the state itself upholds the highest standards in protecting this information. - Technical security standards
If data privacy were a fundamental right, companies and authorities would have to actively invest in improving data security. Standards for encryption, anonymization, and data minimization could become mandatory. - Better legal enforcement
Currently, data protection violations are often difficult to enforce because clear mechanisms are lacking. With enshrinement as a fundamental right, affected individuals could directly invoke the constitution and would have stronger legal means.
Critics and Counterarguments 🫧
Of course, there are also voices that view such a fundamental right critically. Some argue that data protection is already too heavily regulated and could stifle innovation. But experience shows that data protection and economic success are not contradictions – on the contrary: companies that take data protection seriously win user trust and strengthen their market position in the long run.
Another argument is that the existing GDPR is already sufficient. But reality, especially the VW data leak, shows the opposite. If even large corporations are unable to manage data securely, then harder legal requirements are needed that go beyond mere regulations.
Enforcing a fundamental right could also be challenging. But this shows: other fundamental rights, such as freedom of expression or the protection of human dignity, are also not always easy to enforce – yet they are essential for a free society.
And precisely because data is increasingly becoming a very valuable but abstract commodity, this data must be better protected. In my opinion, a regulation is not sufficient for that. It must become a fundamental right!
Marco Franke
Marco Franke
Marco Franke
Massive Data Collection Is a Ticking Time Bomb
The VW data leak is a prime example of the general problem of today's data collection frenzy. Companies often store far more data than necessary and secure it inadequately. This case impressively demonstrates that not only economic damage occurs but also very real threats to individuals, authorities, and democratic institutions.
This is precisely why it is so important to enshrine data privacy as a fundamental right – because if companies and authorities continue to collect data without control, such incidents will keep happening, with unforeseeable consequences for society.
Conclusion
Digitalization is advancing relentlessly, and with it the amount of data collected about us is growing. At the same time, data privacy violations and security leaks are piling up. The GDPR was an important step, but it is not enough to meet the challenges of the future.
It is time to enshrine data privacy and data security as a fundamental right. This would not only better protect citizens but also hold companies and authorities accountable. Because control over personal data must not be a luxury – it is a fundamental prerequisite for a free and secure society.
What do you think? Should data privacy be enshrined as a fundamental right? Let me know in the comments!
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