Is all fair in war against unhealthy and unsustainable lifestyles? The right to privacy vs. modern technology in consumer contracts

Abstract

In their quest to curb unhealthy and unsustainable consumer lifestyles, policymakers may be tempted to use modern technology to nudge consumers to conclude only the ‘right’ contracts. However, this would create a tension between individual consumers’ autonomy and their Fundamental rights, and public interests in safeguarding consumer welfare and environment. Rather than discussing restrictions of autonomy that may occur as a result of nudging, this chapter focuses on dangers to the protection of Fundamental rights in the regulation of consumer contracts in the food and textile industry sector. It considers to what extent the (European) legislators guarantee European consumers’ constitutional right to privacy in light of technological developments that could be used to nudge consumers to choose healthy and sustainable lifestyles. The right to privacy may become a victim of the fight for better consumer lifestyles, when policymakers and traders support the use of modern technology, without introducing a well-thought-out regulation thereof. This chapter argues that since modern technologies are constantly developing, policymakers should keep a close vigil over them and not be afraid to introduce rules that would ensure consumer data safety and security.