Competition, Data and Privacy in the Digital Economy

Competition, Data and Privacy in the Digital Economy

Author: Maria Wasastjerna

Publisher: Kluwer Law International B.V.

Published: 2020-07-16

Total Pages: 416

ISBN-13: 9403522240

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Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.


The Digital Person

The Digital Person

Author: Daniel J Solove

Publisher: NYU Press

Published: 2004

Total Pages: 295

ISBN-13: 0814740375

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Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.


Cyber Privacy

Cyber Privacy

Author: April Falcon Doss

Publisher: BenBella Books

Published: 2020-10-20

Total Pages: 335

ISBN-13: 1950665534

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"Chilling, eye-opening, and timely, Cyber Privacy makes a strong case for the urgent need to reform the laws and policies that protect our personal data. If your reaction to that statement is to shrug your shoulders, think again. As April Falcon Doss expertly explains, data tracking is a real problem that affects every single one of us on a daily basis." —General Michael V. Hayden, USAF, Ret., former Director of CIA and NSA and former Principal Deputy Director of National Intelligence You're being tracked. Amazon, Google, Facebook, governments. No matter who we are or where we go, someone is collecting our data: to profile us, target us, assess us; to predict our behavior and analyze our attitudes; to influence the things we do and buy—even to impact our vote. If this makes you uneasy, it should. We live in an era of unprecedented data aggregation, and it's never been more difficult to navigate the trade-offs between individual privacy, personal convenience, national security, and corporate profits. Technology is evolving quickly, while laws and policies are changing slowly. You shouldn't have to be a privacy expert to understand what happens to your data. April Falcon Doss, a privacy expert and former NSA and Senate lawyer, has seen this imbalance in action. She wants to empower individuals and see policy catch up. In Cyber Privacy, Doss demystifies the digital footprints we leave in our daily lives and reveals how our data is being used—sometimes against us—by the private sector, the government, and even our employers and schools. She explains the trends in data science, technology, and the law that impact our everyday privacy. She tackles big questions: how data aggregation undermines personal autonomy, how to measure what privacy is worth, and how society can benefit from big data while managing its risks and being clear-eyed about its cost. It's high time to rethink notions of privacy and what, if anything, limits the power of those who are constantly watching, listening, and learning about us. This book is for readers who want answers to three questions: Who has your data? Why should you care? And most important, what can you do about it?


Engaging Privacy and Information Technology in a Digital Age

Engaging Privacy and Information Technology in a Digital Age

Author: National Research Council

Publisher: National Academies Press

Published: 2007-06-28

Total Pages: 450

ISBN-13: 0309134005

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Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.


Data Protection in the Internet

Data Protection in the Internet

Author: Dário Moura Vicente

Publisher: Springer Nature

Published: 2019-12-01

Total Pages: 540

ISBN-13: 3030280497

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This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1146

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Privacy in Context

Privacy in Context

Author: Helen Nissenbaum

Publisher: Stanford University Press

Published: 2009-11-24

Total Pages: 304

ISBN-13: 0804772894

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Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself—most people understand that this is crucial to social life —but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts—whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.


Privacy in the Age of Big Data

Privacy in the Age of Big Data

Author: Theresa Payton

Publisher: Rowman & Littlefield

Published: 2014-01-16

Total Pages: 277

ISBN-13: 1442225467

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Digital devices have made our busy lives a little easier and they do great things for us, too – we get just-in-time coupons, directions, and connection with loved ones while stuck on an airplane runway. Yet, these devices, though we love them, can invade our privacy in ways we are not even aware of. The digital devices send and collect data about us whenever we use them, but that data is not always safeguarded the way we assume it should be to protect our privacy. Privacy is complex and personal. Many of us do not know the full extent to which data is collected, stored, aggregated, and used. As recent revelations indicate, we are subject to a level of data collection and surveillance never before imaginable. While some of these methods may, in fact, protect us and provide us with information and services we deem to be helpful and desired, others can turn out to be insidious and over-arching. Privacy in the Age of Big Data highlights the many positive outcomes of digital surveillance and data collection while also outlining those forms of data collection to which we do not always consent, and of which we are likely unaware, as well as the dangers inherent in such surveillance and tracking. Payton and Claypoole skillfully introduce readers to the many ways we are “watched” and how to change behaviors and activities to recapture and regain more of our privacy. The authors suggest remedies from tools, to behavior changes, to speaking out to politicians to request their privacy back. Anyone who uses digital devices for any reason will want to read this book for its clear and no-nonsense approach to the world of big data and what it means for all of us.