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Antitrust and data privacy protection -Part 8

Si Gyeongmin

Nov 25, 2021

Limitations of market competition under the privacy paradox

In the traditional antitrust law theory, the analysis dimension of competition does not include "privacy protection". Does this mean that as long as privacy protection is included in the analysis factors for consideration, antitrust law enforcement measures can play an effective role in privacy protection alone? The answer seems to be no at present, which is mainly due to the existence of the "privacy paradox".

The "privacy paradox" refers to the privacy contradictions caused by the digital existence of users in the context of the Internet-individuals need to spread information and self-presentation through the Internet, while also hoping to protect their privacy from leakage and infringement. But in the real environment, users and Internet companies have reached an unwritten exchange condition, that is, users must tolerate some advertisements and a certain amount of data collection in exchange for these "free" online services or content. Based on a significant preference for zero prices, users actually made a choice that is more inclined not to pay monetary costs. The privacy paradox shows the complexity of user behavior in the real environment, and to a large extent illustrates the limitation of competition in promoting privacy protection.




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