Collective data harms at the crossroads of data protection and competition law: Moving beyond individual empowerment

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Abstract

In an era of big data, harms caused by data technologies can no longer be effectively addressed under the predominant regulatory paradigm of individual empowerment. Even a sophisticated consumer cannot fully protect herself against collective harms triggered by others’ privacy choices or by technologies creating competitive harm without processing personal data or targeting individuals. While data protection and competition law can be applied more proactively to address such harms, difficulties are likely to remain. We therefore submit that stronger regulatory interventions are required to target collective, and sometimes competitive, harm from technologies like pervasive advertising, facial recognition, deepfakes and spyproducts.
Original languageEnglish
Pages (from-to)513-536
Number of pages24
JournalEuropean Business Law Review
Volume33
Issue number4
DOIs
Publication statusPublished - 2022

Keywords

  • Big data
  • Individual rights
  • Societal rights
  • Exploitative abuse
  • Enforcement priorities
  • Blacklists
  • Pervasive advertising
  • Facial recognition
  • Deepfakes
  • Spyproducts

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