Data Privacy at the Altar of Competition Laws

Abstract

Data privacy has been receiving widespread attention. However, in some areas, dedicated laws are proving inadequate to deal with the impact of anti-competitive effects on the privacy of users. This requires a detailed discussion on the unilateral privacy policies imposed by data giants involving consent notices in the nature of “take it or leave it”. It further brings into question the role that competition law can play in examining abuse of dominance within firms, where users are being held captive and forced to share access to their data, given the status of the players in the market.