LSN: Consumer Privacy (Sub-Topic)最新文献

{"title":"Competition Law in Context: The Example of its Interplay with Data Protection Law from an Economic Perspective","authors":"Wolfgang Kerber","doi":"10.2139/ssrn.3890603","DOIUrl":"https://doi.org/10.2139/ssrn.3890603","url":null,"abstract":"Due to the key role of personal data in the digital economy competition law and data protection law are getting deeply intertwined. This article uses a market failure framework for analyzing new important interaction effects between both legal regimes. Since on digital markets competition problems and competition law have also effects on privacy, and, vice versa, information and behavioral problems and data protection law have effects on competition, an increasingly complex relationship emerges, which has to deal with manifold new conflicts, enforcement gaps, and synergy effects between both laws. These problems will require a more integrated and collaborative approach for the application of competition law and data protection law.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126167496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Browser Tying and Data Privacy Innovation","authors":"Stephen Dnes","doi":"10.2139/ssrn.3867625","DOIUrl":"https://doi.org/10.2139/ssrn.3867625","url":null,"abstract":"This paper explores the role of the browser in relation to competition for advertising. It explores the important role of the browser in collecting and transmitting data to servers via data storage and transmission functions, the mechanisms by which these data flows are enabled, and some of the competing uses for which these data flows are used on the server side. This reveals the need for server-side processing of some information.<br><br>In this context, profound concerns are raised that technological tying will imminently undermine competition and innovation in digital markets via browser-based restrictions. Indeed, there are proposals for de facto vertical integration of significant browser and server functionality under proposals from Apple and Google, which will strongly favour vertically integrated solutions (the so-called “walled gardens”). Both proposals are restrictive, but Google’s appear to go even further than Apple in its tying proposals, without justification.<br><br>The paper concludes with some possible remedies to prevent anti-competitive technological tying of browser and server functionality. Indeed, there is an acute need to use established competition law tools to prevent anti-competitive foreclosure from locking down the browser. <br>","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124250761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"More Harm Than Good? The Perils of Regulating Online Content","authors":"Victoria Hewson","doi":"10.2139/ssrn.3850577","DOIUrl":"https://doi.org/10.2139/ssrn.3850577","url":null,"abstract":"Online communication and sharing of user generated content have become part of everyday life, but have long worried governments, which have sought to monitor and gain access for reasons of security and crime prevention. Digital platforms used to be considered socially beneficial, and legal measures were passed to facilitate the hosting of user generated content, but governments are increasingly worried about what they consider \"harmful\" content that is widely available through digital platforms. It has been claimed that democratic processes have been subverted by online disinformation and misinformation, and that children and adults are at risk of psychological harm and exploitation from offensive or inappropriate material. Measures are being pursued to counter these perceived harms, including the EU's Code of Practice on Disinformation and the UK government's forthcoming Online Safety Bill. This paper considers the need for such measures and the risks of unintended consequences.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133420509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How Data Privacy Regulations Affect Public Corporations That Profit From Consumers' Data During an Ongoing Pandemic","authors":"Ashley Rix","doi":"10.2139/ssrn.3896785","DOIUrl":"https://doi.org/10.2139/ssrn.3896785","url":null,"abstract":"This research project examines how data privacy regulations, such as the California Consumer Protection Act and the General Data Protection Regulation, affect businesses that utilize big data to boost profits through consumer profiling and targeted marketing during an ongoing pandemic. In the current day and age, as a result of the vast growth in technological advancements, people are producing personally identifiable data at an exponential rate. This is becoming of increasing importance as there are businesses whose sole source of income is gathering and selling consumer's personal data. This information is often so unique to the person that it can be used to predict spending patterns, life choices, daily locations, and intimate details about one's life. The European Union has a regulation called the General Data Protection Regulation (GDPR), and the state of California has enacted regulations modeled after the GDPR called the California Consumer Protection Act (CCPA). The specific research question is what effect did the enaction and enforcement of the California Consumer Protection Act have on businesses that utilize big data to boost profits through consumer profiling and targeted marketing during the ongoing COVID-19 pandemic.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130277854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Brazilian Law on Personal Data Protection","authors":"Jonatas S. de Souza, J. Abe, L. A. de Lima, Nilson A. de Souza","doi":"10.5121/ijnsa.2020.12602","DOIUrl":"https://doi.org/10.5121/ijnsa.2020.12602","url":null,"abstract":"Rapid technological change and globalization have created new challenges when it comes to the protection and processing of personal data. In 2018, Brazil presented a new law that has the proposal to inform how personal data should be collected and treated, to guarantee the security and integrity of the data holder. The General Law Data Protection - LGPD, was sanctioned on September 18th, 2020. Now, the citizen is the owner of his personal data, which means that he has rights over this information and can demand transparency from companies regarding its collection, storage, and use. This is a major change and, therefore, extremely important that everyone understands their role within LGPD. The purpose of this paper is to emphasize the principles of the General Law on Personal Data Protection, informing real cases of leakage of personal data and thus obtaining an understanding of the importance of gains that meet the interests of Internet users on the subject and its benefits to the entire Brazilian society.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126690502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Market Model for Personal Data: State of Play Under the New Directive on Digital Content and Digital Services","authors":"A. Metzger","doi":"10.5771/9783748908531-23","DOIUrl":"https://doi.org/10.5771/9783748908531-23","url":null,"abstract":"The paper provides an analysis of how the Directive (EU) 2019/770 on Digital Content and Digital Services deals with contracts based on the consumer's personal data as counter-performance. It explores the interplay of the Directive and national contract law and discusses the economic prerequisites and consequences of a market model for personal data.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125585181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Consumer Privacy in a Behavioral World","authors":"Ignacio Cofone, Adriana Z. Robertson","doi":"10.31228/osf.io/dwus4","DOIUrl":"https://doi.org/10.31228/osf.io/dwus4","url":null,"abstract":"In 2017, Congress repealed the FCC’s latest attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of this decision on consumer privacy in light of biased beliefs and information overload. We do so through a well-documented behavioral bias: Non-belief in the Law of Large Numbers. In doing so, we provide a framework for deciding why and how to protect consumer privacy. We then suggest private law and regulatory solutions to do so in a more effective way than either the current or the now-repealed regime.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122644501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Organizational Violations of Externally Governed Privacy and Security Rules: Explaining and Predicting Selective Violations Under Conditions of Strain and Excess","authors":"Jeffrey D. Wall, P. Lowry, Jordan B. Barlow","doi":"10.17705/1jais.00420","DOIUrl":"https://doi.org/10.17705/1jais.00420","url":null,"abstract":"Privacy and security concerns are pervasive because of the ease of access to information. Recurrent negative cases in the popular press attest to the failure of current privacy regulations to keep consumer and protected health information sufficiently secure in today’s climate of increased IT use. One reason for such failure is that organizations violate these regulations for multiple reasons. To address this issue, we propose a theoretical model to explain the likelihood that organizations will select an externally governed privacy or security rule for violation in response to organizational strain or slack resources. Our proposed theoretical model, the selective organizational information privacy and security violations model (SOIPSVM), explains how organizational structures and processes, along with characteristics of regulatory rules, alter perceptions of risk when an organization’s performance does not match its aspiration levels and thereby affects the likelihood of rule violations. Importantly, SOIPSVM is contextualized to organizational privacy and security violations. SOIPSVM builds on and extends the selective organizational rule violations model (SORVM), which posits that organizational rule violations are selective. SOIPSVM provides at least four contributions to the privacy and security literature that can further guide empirical research and practice. First, SOIPSVM introduces the concept of selectivity in rule violations to privacy and security research. This concept can improve privacy and security research by showing that organizational violations of privacy and security rules are dynamic and selective yet influenced by external forces. Second, SOIPSVM extends the boundaries of SORVM, which is limited to explaining the behavior of organizations under strain, such as economic hardship. We contribute to the theory of selective deviance by proposing that selectivity extends to organizations with slack resources. Third, we address ideas of non-economic risk and strain in addition to economic risk and strain. SOIPSVM thus explains organizational rule-violating behavior as an attempt to protect core organizational values from external entities that pressure organizations to change their values to comply with rules. Fourth, we broaden the theoretical scope of two important constructs, namely structural secrecy and procedural emphasis to improve the explanatory power of the model. Fifth, we identify important elements of rule enforcement by drawing from the tenets of general deterrence theory. We also discuss how constructs from general deterrence theory can be studied at the organizational level. To conclude, we offer recommendations for the structuring of organizations and external regulations to decrease organizational rule violations, which often lead to the abuse of consumer information.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130120232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Google’s Ad Preference Manager: One Small Step for Google, One Giant Leap for Privacy","authors":"B. Szoka","doi":"10.2139/ssrn.1421876","DOIUrl":"https://doi.org/10.2139/ssrn.1421876","url":null,"abstract":"Google’s new “Interest Based Advertising” (IBA) program represents the company’s first foray into what is generally called “Online Behavioral Advertising”: In order to deliver more relevant advertising, Google will begin tailoring ads delivered through AdSense on the Google Content Network and YouTube.com, based on a profile of each user’s interests created by tracking their browsing activity across sites that use AdSense - but not search queries or other user information. Google is sure to be attacked for crossing a “line in the sand” drawn by some privacy advocates between contextual and behavioral advertising, but those whose first priority is advancing consumer privacy should applaud Google for excluding sensitive categories and for putting the new Ad Preference Manager, with its persistent opt-out plug-in, at the core of the company’s new IBA program.It’s no accident that Google is now leading the pack of third party ad networks by developing innovative solutions that respect consumer privacy. Google risks alienating some advertisers and publishers with its bold empowerment of users, but was willing to take those risks because of its incentives as a consumer-facing company and able to do so because of its leadership in the marketplace. Uncomfortable as this reality may be for those who fret about antitrust issues and indeed for Google itself, the simple reality is that sometimes it takes “big dogs” to make self-regulatory systems truly effective.Google’s approach is precisely the kind of innovation that would be discouraged by pre-emptive government regulation. Worse, those who would freeze privacy protection in place would also freeze in place much of the Internet itself, precluding development of new business models that would compete with Google, allaying concerns about competition and benefiting consumers.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124460693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Big Data Competition Story: Theoretical Approaches and the First Enforcement Cases","authors":"Andrea Giannaccari","doi":"10.2139/ssrn.3244419","DOIUrl":"https://doi.org/10.2139/ssrn.3244419","url":null,"abstract":"The article critically analyses the debate that has so far involved the Big Data phenomenon. The different theoretical arguments concerning the potential benefits and the adverse effects that can be produced by the aggregation and use of large volumes of data are addressed. In assessing the different perspectives in terms of competition law, consumer and privacy protection, specific emphasis is placed on the most significant decision-making practice. In particular, as to the merger control, the Google/DoubleClick and Facebook/WhatsApp cases are scrutinized as to test, at the enforcement level, the most challenging domains.","PeriodicalId":401061,"journal":{"name":"LSN: Consumer Privacy (Sub-Topic)","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126266072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}