A widely accepted method for addressing digital privacy concerns is the use of informed consent: asking users to agree to privacy policies and consent to the use of their personal data. This approach has come under strain with the emergence of “big data” in which large datasets are collected and analysed. This paper argues that since individuals do not understand or even read the privacy policies they agree to, informed consent ultimately fails to protect privacy. Following the work of Solon Barocas and Helen Nissenbaum, this paper proposes an updated definition of informed consent and argues that the responsibility of protecting privacy should be shifted from individuals to organisations.