scholarly journals Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy

Author(s):  
Anonymous
2020 ◽  
Author(s):  
W. Jason Choi ◽  
Kinshuk Jerath ◽  
Miklos Sarvary

2020 ◽  
Vol 6 (3) ◽  
pp. 959-974
Author(s):  
Shahzada Aamir Mushtaq ◽  
Fariha Sabahat ◽  
Huma Rao

The Digital platforms are a unique creation of the late 20th and early 21st centuries. The digital economy may have replaced the industrial economy, but the rules created to oversee the fair operation of the industrial economy have not kept pace with that evolution. The digitalization of the economy with consumer data as a new critical resource is an advancement of a technological revolution which needs an adaptation of regulatory framework for markets and the world economy. This paper analyzed the privacy and data protection concerns in the digital economy from an economic perspective of small and medium-sized enterprises. The tech giants, by controlling user's data are exploiting it for their own commercial benefits and inflicting the threats to the privacy of users.  This paper intends to shed light that it's not enough to look for policy solutions only within the competition or data protection law. Rather an integrated move from various regulatory perspectives is necessary. Therefore, the article focuses that the formalistic approach to article 101 and 102 of TFEU (Treaty On The Functioning OF The European Union which the EU Commission usually adopted as an effects-based approach) to counter exploitative, exclusionary practices, and potential harm to consumers is efficacious to regulate the digital platforms. Furthermore, this research presses the necessity of how the abusive conduct of data-driven entrants be regularized by forwarding the new concepts of antitrust law and its effective enforcement across the globe. The digital platforms have fundamentally changed the ways we interact with news, with each other, and with governments and business. Digital platforms act as intermediaries which connect two or more market participants via the platform and simplify their interaction.


Significance The EU has exercised significant authority over the digital economy in areas ranging from data privacy and antitrust to illegal state aid and social media disinformation. Under President Ursula von der Leyen, the Commission is maintaining the pace of digital policy and regulation. Impacts The digital package will intensify the debate on where the balance should lie between national and EU regulatory responsibilities. EU willingness to apply core elements of the UK approach to digital competition is a bright spot in the otherwise fraught Brexit talks. Post-Brexit, UK and EU authorities are likely to cooperate on digital taxation at the OECD level. Online disinformation will remain an extremely difficult policy area.


2019 ◽  
Vol 7 (1) ◽  
pp. 269-297 ◽  
Author(s):  
Kristi Harbord

The intersection of healthcare and technology is a rapidly growing area. One thriving field at this intersection involves obtaining, processing, and storing genetic data. While the benefits have been great, genetic information can reveal a great deal about individuals and their families. And the information that can be conveyed from genetic data appears limitless and is constantly growing and changing. Many entities have begun storing, processing, and sharing genetic data on a very large scale. This creates many privacy concerns that the current regulatory framework does not account for. The line between patient data and consumer data is blurred; many entities are interested in obtaining genetic data with varied interests. In the direct-to-consumer genetic testing market, consumers pay to send private companies their DNA samples in exchange for a trivial amount of information about their ancestry and health risks. But health data obtained and processed by a company are subjected to far less stringent privacy regulations than health data obtained and processed at a doctor’s office or hospital. This Comment summarizes some of the current genetic privacy problems in United States laws and examines the EU’s recently adopted GDPR for a possible solution. A GDPR-style regulation could provide more consistency, give individuals more control, and protect against future unknown uses.


2014 ◽  
Vol 35 (1) ◽  
pp. 52-55 ◽  
Author(s):  
Peter Buell Hirsch

Purpose – The article discusses the ramifications for corporate reputation of the current concerns about consumer data privacy in order to identify potential risks and benefits for corporations in their relations with consumers and other stakeholders. Design/methodology/approach – The article discusses the ramifications for corporate reputation of the current concerns about consumer data privacy in order to identify potential risks and benefits for corporations in their relations with consumers and other stakeholders. Findings – This review suggests that there are indeed significant concerns for corporations about how consumers feel about corporate use of personal and, in particular, behavioral data. However, there are steps that corporations can take to demonstrate their commitment to data privacy that can mitigate potential reputational damage and even strengthen their image with consumers and other stakeholders. Originality/value – Data privacy as a reputation asset has been little discussed in the literature to date.


Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 295
Author(s):  
Ankit Srivastava ◽  
Aditi Richa Tiwary

The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition. KEYWORDS: Digital Markets, Competition Law, Data Privacy.


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