Manipulation of psychological health via unequipped data protection laws
A critical analysis of the role of competition authorities as saviours
Keywords:
Data Protection, Digital Market, Data Sharing, Data Privacy, CompetitionAbstract
The world is growing at a fast pace and interdependence on data is increasing rapidly. The big giants like Facebook and Google are the main holders of data of people with the assurance of protection of it. Privacy of data is the main concern in using it for commercial purposes or other market objectives. In India the right to privacy is a fundamental right. However, we don’t have appropriate laws to protect it. Provisions in the IT Act is the only protection available. If the same comes to competition laws, then there are some problems in using the data for market manipulations. In terms of competition law, the major concern is anticompetitive practices and abuse of dominant position. For competition law the dynamics of protection of data is an entirely different area and forming a threshold to consider the alarming situation is very difficult here. The studies are here effect-based study. As data has become a powerful tool and all the key decisions whether related to economy or social impact are taken through the analysis done from available data.
Downloads
References
Sinkula, J. M. (1994). Market information processing and organizational learning. Journal of marketing, 58(1), 35-45.
Srnicek, N. (2017). Platform capitalism. John Wiley & Sons.
K.S. Puttaswamy (Privacy-9J.) v. Union of India, (2017) 10 SCC 1
M. P. Sharma and Others vs Satish Chandra, 1954 AIR 300, 1954 SCR 1077
Kharak Singh vs The State of U. P. & Others, 1963 AIR 1295, 1964 SCR (1) 332
The Information Technology Act, 2000 (No. 21 Of 2000).
The Information Technology Act, 2000 (No. 21 Of 2000).
The Personal Data Protection Bill, 2019. “personal data" means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, whether online or offline, or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of profiling”
The Personal Data Protection Bill, 2019, Retrieved December 29, 2021, from http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf
The Personal Data Protection Bill, 2019, Retrieved December 29, 2021, from http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf
Ministry of Electronics and Information Technology, Report by the Committee of Experts on Non-Personal Data Governance Framework, Retrieved December 30, 2021 from mygov_160922880751553221.pdf
Ministry of Electronics and Information Technology, Report by the Committee of Experts on Non-Personal Data Governance Framework, Retrieved December 30, 2021 from mygov_160922880751553221.pdf
Kerber, W. (2016). Digital markets, data, and privacy: competition law, consumer law and data protection. Journal of Intellectual Property Law & Practice, 11(11), 856-866.
Podszun, R., & Kreifels, S. (2016). Digital platforms and competition law. J. Eur. Consumer & Mkt. L., 5, 33.
Competition Commission of India, Market Study on the Telecom Sector in India: Key Findings and Observations, dated January 22, 2021, Retrieved January 14, 2022, from http://cci.gov.in/sites/default/files/whats_newdocument/Market-Study-on-the-Telecom-Sector-In-India.pdf .
Competition Commission of India, Market Study on E-Commerce in India: Key Findings and Observations, Dated January 2020, Retrieved January 14, 2022, from https://www.cci.gov.in/sites/default/files/whats_newdocument/Market-study-on-e-Commerce-in-India.pdf ; also see Summary of Workshop Proceedings: CCI Workshop on Competition Issues in the Telecom Sector in India, February 2021, Retrieved January 14, 2022, from http://cci.gov.in/sites/default/files/whats_newdocument/Proceedings-Telecom-Workshop.pdf
Stanley, S., & Prasad, S. A Primer on Competition in the Digital Economy.
Sinha, V., & Srinivasan, S. (2021). An integrated approach to competition regulation and data protection in India. CSI Transactions on ICT, 9(3), 151-158.
The Competition Commission of India Order under Section 26(1) of the Competition Act in In Re: Updated Terms of Service and Privacy Policy for WhatsApp Users, Suo Moto Case No. 01 of 2021, dated March 24, 2021, Retrieved January 15, 2022 from https://www.cci.gov.in/sites/default/files/SM01of2021_0.pdf
The Competition Commission of India, Harshita Chawla v. WhatsApp Inc. and Facebook Inc. ("Harshita Chawla Order"), Case No. 15 of 2020, dated August 18, 2020, retrieved January 15, 2022, from https://www.cci.gov.in/sites/default/files/15-of-2020.pdf and Shri Vinod Kumar Gupta v. WhatsApp Inc. ("Vinod Gupta Order"), Case No. 99 of 2016, dated June 1, 2017,retrieved January 15, 2022, from https://www.cci.gov.in/sites/default/files/26%282%29%20Order%20in%20Case%20No.%2099%20of%202016.pdf
Federation of Hotel & Restaurant Associations of India (FHRAI) & Anr. v. MakeMyTrip India Pvt. Ltd. (MMT) & Anr. along with Rubtub Solutions Pvt. Ltd. v. MakeMyTrip India Pvt. Ltd. (MMT) & Anr. ("MMT Interim Order"), Case No. 14 of 2019 and 01 of 2020, dated March 9, 2021, retrieved January 15, 2022, from https://www.cci.gov.in/sites/default/files/Interim_Order_14-of-2019and01-of-2020.pdf
Provost, F., & Fawcett, T. (2013). Data science and its relationship to big data and data-driven decision making. Big data, 1(1), 51-59.
Mulyana, A., Briandana, R., & Rekarti, E. (2020). ICT and social media as a marketing communication platform in facilitating social engagement in the digital era. International Journal of Innovation, Creativity and Change, 13(5), 1-16.
Quelch, J. A., & Klein, L. R. (1996). The Internet and international marketing. MIT Sloan Management Review, 37(3), 60.
Nuccio, M., & Guerzoni, M. (2019). Big data: Hell or heaven? Digital platforms and market power in the data-driven economy. Competition & Change, 23(3), 312-328.
Sokol, D. D., & Comerford, R. (2015). Antitrust and regulating big data. Geo. Mason L. Rev., 23, 1129.
Competition Commission of India, Market Study on Telecom Sector in India, Retrieved January 17, 2022 from https://www.cci.gov.in/sites/default/files/whats_newdocument/Market-Study-on-the-Telecom-Sector-In-India.pdf
The Competition Commission of India, XYZ v. Alphabet Inc. & Ors., Case No. 07 of 2020, dated November 9, 2020, Retrieved January 17, 2022 from https://www.cci.gov.in/sites/default/files/07-of-2020.pdf
Ministry of Electronics and Information Technology, Notification dated February 25, 2021, Retrieved January 18, 2022 from https://www.meity.gov.in/writereaddata/files/Gazette%20Significant%20social%20media%20threshold.pdf
Published
How to Cite
Issue
Section
Copyright (c) 2022 International journal of health sciences
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Articles published in the International Journal of Health Sciences (IJHS) are available under Creative Commons Attribution Non-Commercial No Derivatives Licence (CC BY-NC-ND 4.0). Authors retain copyright in their work and grant IJHS right of first publication under CC BY-NC-ND 4.0. Users have the right to read, download, copy, distribute, print, search, or link to the full texts of articles in this journal, and to use them for any other lawful purpose.
Articles published in IJHS can be copied, communicated and shared in their published form for non-commercial purposes provided full attribution is given to the author and the journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
This copyright notice applies to articles published in IJHS volumes 4 onwards. Please read about the copyright notices for previous volumes under Journal History.
