Is a digital bill of rights the future of data ownership?

There’s a quiet shift happening in the background of every online interaction we have. Every click, upload, and search leaves behind a trail of personal data—often without our full awareness or consent. As people begin questioning who truly owns this information, a louder call is emerging for user data rights that are clear, enforceable, and universal.

Comprehensive data privacy laws are essential in establishing these rights, ensuring that consumers have control over their personal information across different states and potentially at a federal level. The Federal Trade Commission (FTC) takes enforcement actions against businesses for unfair privacy and security practices, further emphasizing the importance of these laws. State attorneys general generally have enforcement authority over unfair and deceptive business practices regarding privacy, adding another layer of oversight.

That’s where the idea of a digital bill of rights comes in.

More than a buzzword, this concept is gaining traction. It builds on decades of debate around digital rights, data sovereignty, and the limitations of today’s data protection laws. The goal? A universal framework that puts users in control—not platforms, governments, or advertisers. Proponents of the Digital Bill of Rights argue it is necessary to protect individuals from harmful data practices by corporations.

Consumer data privacy laws play a crucial role in regulating how businesses collect, use, and store sensitive consumer information, empowering individuals regarding their data rights and ensuring compliance amidst a rapidly evolving legal landscape.

But can that work in a hyper-connected, unevenly regulated world? And what role could decentralized systems like Hivenet play in making these rights real?

The limits of today’s data privacy laws

Some regions have made important progress. The EU’s GDPR (2018) set a new global standard, giving users the right to be forgotten, the right to data portability, and clearer control over consent. California followed with the CCPA, and Brazil passed its LGPD in 2020. The GDPR offers more extensive rights and protections for consumers compared to U.S. laws, setting a high bar for privacy standards worldwide. The GDPR requires explicit consent from individuals before their data is collected, ensuring a higher level of user control and transparency. Additionally, the GDPR highlights the importance of transparency and consent in data handling practices, influencing U.S. privacy frameworks.

Still, the global picture is fragmented. India’s Digital Personal Data Protection Act (2023) is a step forward—but inconsistent enforcement, unclear definitions, and local loopholes continue to weaken protections. Additionally, states like Vermont, California, and Texas have introduced legal frameworks requiring data brokers to register and adhere to specific data security standards, aiming to enhance consumer protection and data privacy. Virginia and Colorado have enacted comprehensive consumer data privacy laws following California's lead, but they do not provide a private right of action for privacy violations, limiting individual recourse. Connecticut's Data Privacy Act (CTDPA) went into effect on July 1, 2023, further expanding the patchwork of state-level privacy protections. The California Privacy Rights Act (CPRA) is the most comprehensive state data privacy legislation to date, further strengthening consumer protections. The Montana Consumer Data Privacy Act (MTCDPA) applies to any data controller that handles the personal data of at least 50,000 Montana residents, adding to the growing list of state-level privacy laws. The Oregon Consumer Privacy Act (OCPA) became effective on July 1, 2024, at the same time as Texas’s privacy law, marking another step in the evolution of state-level privacy protections.

And while these laws exist, major breaches and abuses persist. The Facebook–Cambridge Analytica scandal in 2018 exposed just how easily personal data can be harvested and weaponized. In 2023, the EU fined Meta €1.2 billion for violating cross-border data rules, signaling just how far companies still fall short—even under regulation.

Add to that the Schrems II ruling (2020), which invalidated the EU-U.S. Privacy Shield agreement over surveillance concerns. It’s clear that legal frameworks alone can’t keep up with how fast data moves—or how it’s misused. The federal government has yet to enact a comprehensive federal law on data privacy, resulting in a complex landscape of state-specific regulations. While several federal laws address particular aspects of privacy, the absence of an overarching federal law creates inconsistencies and confusion for businesses and consumers alike. The GDPR applies to all organizations that process data of EU residents, regardless of where the organization is located, further demonstrating its global influence.

Overview of existing data privacy laws

Navigating the landscape of data privacy laws in the United States can feel like traversing a maze. Unlike the European Union’s GDPR, the U.S. lacks a comprehensive federal data privacy law. Instead, it relies on a patchwork of sector-specific regulations. For instance, the Health Insurance Portability and Accountability Act (HIPAA) safeguards sensitive health information, while the Gramm-Leach-Bliley Act (GLBA) focuses on financial data. The Children’s Online Privacy Protection Act (COPPA) is another critical law, designed to protect the personal data of children under 13. Adding to this complexity, the Utah Consumer Privacy Act (UCPA) applies to both data controllers and processors that generate over $25 million in annual revenue, further illustrating the varied thresholds and requirements across states. The Tennessee Information Protection Act (TIPA) positions Tennessee among states that have enacted comprehensive consumer privacy laws, reflecting the growing trend of state-level privacy legislation. Similarly, the Iowa Consumer Data Protection Act (ICDPA) applies to businesses controlling or processing the personal data of at least 100,000 Iowa consumers, showcasing the diverse thresholds and scopes of these laws. The Indiana Consumer Data Protection Act (INCDPA) became effective from January 1, 2026, further expanding the timeline of state-level privacy protections.

State laws add another layer of complexity. California’s California Consumer Privacy Act (CCPA) is a landmark regulation that grants consumers rights to access, delete, and opt-out of the sale of their personal data. Other states, including Colorado, Connecticut, and Virginia, have followed suit with similar laws. Virginia's Consumer Data Protection Act (CDPA) grants Virginia consumers certain rights over their data, such as the ability to access, correct, delete, and opt-out of the processing of their personal information. Many state privacy laws grant rights to opt-out of data sales and sharing, further empowering consumers to control their personal information. California has the strongest consumer data privacy protections among U.S. states. These state laws often mandate businesses to implement reasonable data security measures, disclose their data collection practices, and provide consumers with opt-out options. Notably, the CCPA allows individuals to sue businesses for certain data breaches, offering a level of accountability not present in all state laws. The Colorado Privacy Act (CPA) grants Colorado residents rights over their data and places obligations on data controllers and processors. The CPA includes provisions that are influenced by GDPR principles, showcasing the alignment of state laws with international privacy standards. This fragmented approach highlights the urgent need for a unified framework that can offer consistent protections across the board.

The impact of data breaches on personal data

Data breaches are more than just a headline—they’re a stark reminder of the vulnerabilities in our digital world. When personal data is compromised, the consequences can be devastating. Sensitive information such as Social Security numbers, financial account details, and biometric data can be stolen and misused for identity theft, financial fraud, and other malicious activities. The fallout isn’t limited to individuals; businesses can suffer significant reputational damage, financial losses, and regulatory penalties. Most consumers believe they are protected under privacy laws until they face violations of their rights, highlighting the gap between perception and reality. Privacy professionals, meanwhile, face increased workloads due to evolving data regulation scrutiny, as they work to ensure compliance and mitigate risks in this challenging environment.

In the United States, data breaches are governed by a mix of federal and state laws. The Federal Trade Commission (FTC) has the authority to regulate data breaches under the Federal Trade Commission Act, ensuring that companies adhere to reasonable data security measures. State laws, such as California’s CCPA, also empower consumers with a private right of action in the event of a data breach. These legal frameworks underscore the critical importance of robust data protection measures to safeguard personal data.

What a digital bill of rights could include for personal data

A digital bill of rights aims to do what piecemeal regulation can’t: establish a baseline of trust and fairness no matter where you live. Advocates for this framework emphasize the need for stricter regulations on data collection and sharing by companies.

Some principles that often surface in these discussions:

• The right to know what data is collected and how it’s used
• The right to access and review personal data
• The right to withdraw consent at any time
• The right to data portability, so users aren’t locked into one ecosystem
• Algorithmic accountability, to ensure AI decisions can be explained and challenged
• And most critically, the right to own your data outright
• The protection of personally identifiable information (PII), emphasizing its importance in data protection contexts and the requirements placed on organizations handling such information
• The protection of protected health information (PHI), highlighting the requirements of the HIPAA Privacy Rule to safeguard individuals' medical data

These aren’t theoretical. They echo real cases—like the Google Spain v. AEPD ruling (2014), which affirmed the right to be forgotten, or Apple’s App Tracking Transparency rollout in 2021, which gave users power to block data tracking across apps.

The shift we’re seeing isn’t just legal—it’s cultural.

Global adoption: a promising but rocky path due to data breaches

Some advocates believe a digital bill of rights could serve the same purpose the Universal Declaration of Human Rights did after World War II: a shared ethical baseline. Implementing such a framework may lead to a more transparent data economy.

There’s precedent. The UN Resolution on the Right to Privacy in the Digital Age (2013) helped position privacy as a global human right. More recently, the G7’s “Data Free Flow with Trust” initiative is working to balance cross-border data sharing with national values. The Digital Bill of Rights is influenced by strong privacy laws in the European Union, such as GDPR.

The promise is clear:

• Consistency across countries and platforms
• Stronger protections for users in under-regulated regions
• A way to rebuild public trust after years of high-profile breaches

But the challenges are real:

• Cultural interpretations of privacy vary widely
• Some countries use data laws to reinforce control, not freedom
• Enforcement is tricky—especially across jurisdictions
• And new technologies (like generative AI or facial recognition) often outpace regulation entirely

The Clearview AI controversy, for example, revealed just how easily biometric data can be scraped and repurposed, often without consent or oversight. The regulatory landscape surrounding data brokers in various states across the U.S. highlights specific registration requirements and definitions established by state laws, such as those in Oregon, Vermont, and California.

Why decentralization offers more than comprehensive data privacy laws ever could

This is where technology starts to matter as much as ideology.

Even the most carefully written bill of rights can’t protect your data if it’s sitting on a centralized system that’s built to monetize, analyze, and store it indefinitely.

That’s why decentralized data storage matters. It shifts the entire premise of control.

At Hivenet, we designed our infrastructure so there is no single authority with the power to exploit or expose your data. It’s encrypted, distributed, and built to work around your consent—not above it.

Here’s what that enables:

• No central control, which removes single points of failure
• Built-in portability, making it easier to move or delete your files
• Community-powered cloud logic, where users contribute to the network rather than being mined by it

In a world full of vague privacy policies and disappearing opt-out buttons, systems like Hivenet provide real, architectural support for data sovereignty.

Best practices for data security

Protecting personal data and preventing data breaches require a proactive approach. Here are some best practices that businesses should implement to enhance data security:

1. Implement Reasonable Data Security Measures: Use encryption and access controls to protect sensitive data.
2. Conduct Regular Risk Assessments and Security Audits: Identify vulnerabilities and address them promptly.
3. Provide Transparency into Data Collection and Use Practices: Clearly communicate how data is collected, used, and shared.
4. Offer Consumers Opt-Out Options for Data Collection and Sale: Respect consumer preferences and provide easy opt-out mechanisms.
5. Train Employees on Data Security and Privacy Practices: Ensure that staff are aware of best practices and potential threats.
6. Regularly Update and Patch Software and Systems: Keep systems secure by applying updates and patches promptly.
7. Implement Incident Response Plans: Be prepared to respond quickly and effectively in the event of a data breach.

By adhering to these best practices, businesses can significantly reduce the risk of data breaches and protect sensitive personal information, fostering a safer digital environment for all.

Is this all realistic?

A complete, enforceable digital bill of rights may take time. But we’re already seeing the building blocks fall into place:

• Cross-national conversations around AI ethics
• Transparency principles like those in the OECD AI Guidelines (2019)
• Growing public awareness—79% of Americans are concerned about how companies use their data, according to Pew Research
• The California Consumer Privacy Act (CCPA) and its amendment, the CPRA, share principles with GDPR, reflecting a growing alignment between U.S. state laws and global privacy standards

And then there are technical shifts. The rise of Web3, Zero Trust architecture, and distributed platforms shows that we’re moving—slowly but surely—toward a different internet.

Final thoughts

We don’t need to wait for the perfect policy. A digital bill of rights is about setting new expectations—starting with the belief that individuals should have real control over their digital lives.

Laws are part of the answer. But we also need infrastructure that reflects these values at the deepest level. Platforms like Hivenet show that we can build systems where data ownership isn’t theoretical—it’s real, secure, and community-driven.

If we want a better digital future, we can’t just ask for it. We have to architect it.

Frequently asked questions

What is a digital bill of rights?

A digital bill of rights is a proposed framework that outlines fundamental user rights in the online world—like the right to control your personal data, understand how it's used, and choose where it's stored or shared. It's about putting power back into the hands of individuals, not corporations or governments.

Why do we need a digital bill of rights?

Current data protection laws vary wildly by country and often leave users confused or unprotected. A digital bill of rights could establish clear, global standards for data ownership, transparency, and privacy, helping people take control of their digital lives.

How does GDPR compare to a digital bill of rights?

GDPR is one of the strongest existing privacy laws, but it's limited to the EU. A digital bill of rights would aim to be broader—applying globally, covering more technologies, and establishing a consistent baseline for user data rights everywhere.

What rights should be included in a digital bill of rights?

Key rights often proposed include:

• The right to know what data is collected
• The right to access or delete your data
• The right to withdraw consent
• The right to data portability
• The right to algorithmic transparency
• The right to own your personal data

What is data sovereignty and why does it matter?

Data sovereignty means your data is subject to the laws of the country where it's stored. This can create issues when data is held in another country with weaker protections. It’s why cloud sovereignty and distributed storage matter—they help users retain control regardless of borders.

How can decentralization help enforce digital rights?

Decentralized cloud systems, like Hivenet, reduce reliance on centralized servers that can exploit or mishandle data. By spreading encrypted data across a distributed network, users retain greater control and reduce the risk of surveillance or unauthorized access.

Is a global digital bill of rights even possible?

It’s challenging, but not impossible. International momentum is growing, with examples like the UN’s digital privacy resolution and the G7’s Data Free Flow with Trust initiative. While politics and enforcement vary, global alignment on basic digital rights is becoming more urgent.

What is Hivenet’s role in digital rights?

Hivenet offers a distributed cloud platform that gives people more control over how their data is stored and shared. We believe in enforcing digital rights through system design—not just policy—so that data ownership, privacy, and sustainability are built in from the start.

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