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Part V Advancing a Research Agenda for the Agencies and Academics, 21 More Coordination among Competition, Privacy, and Consumer Protection Officials

Maurice E. Stucke, Allen P. Grunes

From: Big Data and Competition Policy

Maurice Stucke, Allen Grunes

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Free movement — Rights — Internet — Technology

This chapter highlights the need for more coordination among competition, privacy, and consumer protection officials. It identifies two initial areas for greater coordination. The first is to move beyond the notice-and-consent paradigm. The consensus is that the current notice-and-consent regimen is inadequate to safeguard privacy. Individuals are generally unaware of who has access to their personal information, what data is being used, how the data is being used, when the data is used, and the privacy implications of the data’s use. The imbalance of power between consumers and data users is a significant concern. Competition, privacy, and consumer protection officials must coordinate to ensure that the other preconditions for an effective competitive process are in place. The second area is facilitating the preconditions necessary to spur privacy competition. These include the consumers having a viable choice, aside from forgoing the technology or service altogether and an alternative to the advertising-dependent revenue model.

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