Integrated privacy and anti-trust approach is needed, combining mandatory data-sharing under Competition Act with segmented consent under Digital Data Protection Act.
Authors
Akash Bag, Adamas University, Kolkata, India
Bhavya Tandon, Assistant Professor, Jindal Institute of Behavioral Sciences, O.P. Jindal Global University, Sonipat, Haryana, India
Anant V. Maria, Supreme Court of India, New Delhi, India
Summary
The Digital Data Protection Act of 2023 marks a significant development in safeguarding user data privacy in India and simultaneously emerges as a critical instrument in the anti-trust domain. Recognizing the transformative impact of artificial intelligence on data processing, this paper explores the inadequacies of addressing anti-competitive data practices exclusively under the Competition Act. It highlights the Competition Commission of India’s acknowledgment of the challenges ‘Data Harvesting’ poses to competition law. The analysis extends beyond conventional regulatory frameworks by arguing for an integrated approach considering the intersection of privacy and anti-trust issues. The paper advocates for responsible and mandatory data-sharing provisions under the Competition Act and segmented consent strategies under the Digital Data Protection Act. This dual approach addresses the legal complexities of rapid technological advancements, urging a cohesive policy response that spans multiple regulatory perspectives.
Published in: Accounting, Finance, Sustainability, Governance and Fraud
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