The collection and control of massive amounts of personal data are a source of market power for the biggest players in the global market for internet services, said the European Data Protection Supervisor (EDPS) today.
Personal information has become a form of currency to pay for so-called 'free' online services and is a valuable intangible asset for an increasing number of companies doing business in the EU. This requires closer interaction between different regulators.
Peter Hustinx, EDPS, said:
"The evolution of big data has exposed gaps in EU competition, consumer protection and data protection policies that do not seem to have kept up with this development. Smarter interaction across these partially overlapping policy areas will support growth and innovation and minimise the potential harm to consumers. The EDPS is pleased to be facilitating discussions between regulators and experts in these fields."
In his preliminary Opinion on privacy and competitiveness in the age of big data: The interplay between data protection, competition law and consumer protection, published today, the EDPS notes that the EU rules in these policy areas have much in common: each aims to promote growth and innovation and to promote the welfare of individual consumers.
The EDPS said there is currently little dialogue between policy makers and experts in these fields, with a widerange of sectors seeking to exploit the potential of big data, which includes vast volumes of personal data.
In the EDPS view it is now essential that synergies in the enforcement of rules controlling anti-competitive practices, mergers, the marketing of so-called ‘free’ on-line services and the legitimacy of data processing are explored.
The EDPS now plans to facilitate discussions among experts and practitioners from the EU and the US, including a workshop in Brussels on 2 June 2014.
The EDPS preliminary Opinion examines some of the convergences and tensions in these areas of EU law against the evolution of big data. In particular, he notes:
the need for a fuller understanding of the massive growth in services that are marketed as free but in effect require payment in the form of the personal information of their customers;
the need for a definition of consumer harm in the enforcement of competition rules, in markets where powerful players may refuse access to personal information and may apply confusing privacy policies;
how closer dialogue between regulators and experts on the rules and policies in data protection, competition and consumer protection could help promote consumer choice, diversity of services which safeguard privacy and greater control for consumers over their personal information.
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