New iOS Changes, New Antitrust Clashes Ahead?
By Giuseppe Colangelo* Over the past decade, the intersection of privacy and antitrust has become a significant focus in the literature on data’s role in digital markets.1 In a...
Is Personal Data Still Up for Grabs?
In an era marked by increasing digitalization, the flow of personal data has become a focal point for both competition and privacy concerns. While illicit personal data collection remains a...
Novel Privacy Concerns in Healthcare Antitrust
Healthcare antitrust practitioners are grappling with the increased value and prominence of patient data in competition. In many respects, this data can be examined using traditional antitrust concepts. However, antitrust authorities and other stakeholders have also raised questions about consumers’ interests in mergers, or other competition practices from a privacy perspective. Privacy advocates have identified […]
Privacy in a Technological Age
In our data-driven society, privacy as a fundamental right should be recognized and upheld. We must adopt strong legal and technological protections that preserve our autonomy. Legally speaking we must establish a comprehensive federal scheme that recognizes privacy as a fundamental right. Technologically speaking, solutions that are architecturally developed from the individual privacy point of […]
The Future of Privacy Regulation
U.S. privacy law is undergoing dramatic change on an accelerating pace. New laws across the country address specific industries, certain kinds of data, and various concerning practices. There is international pressure to improve the state of U.S. privacy law. At the same time, technological progress also is accelerating, leading to more personal information being gathered […]
The Right to Privacy and Personal Data: Some Considerations for Optimal Protection
The protection of privacy and personal data is a must for maintaining democracies and avoiding authoritarianism led by extreme surveillance. For the optimal protection of both rights, it is necessary to promote regulatory compliance, ethics, self-regulation, the strengthening of regulations, and of public bodies and institutions.
The FTC Safeguards Rule: Information Security Program Elements
This article describes the elements of an information security program under the Federal Trade Commission Final Rule regarding Standards for Safeguarding Customer Information (the “FTC Rule”). While the effective date of the FTC Rule was January 10, 2022, certain information security program elements become effective as of December 9, 2022. This article also highlights differences between […]
Abuses of Dominance Involving Personal Information in China
China’s recently adopted Personal Information Protection Law (“PIPL”) is a new weapon in its arsenal to tame big tech companies. As the first comprehensive legislation to protect personal information within China, the PIPL was adopted amidst a broad regulatory assault on Chinese big tech companies by multiple enforcement agencies, including the State Administration for Market […]
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Antitrust Chronicle® – Due Process
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