Digital Privacy Rights Intersect with Competition Law in U.S. and International Cases
Digital privacy rights are increasingly being viewed through the lens of competition law, as evidenced by significant legal cases and regulatory frameworks. The hiQ Labs, Inc. v. LinkedIn Corp. case in the Ninth Circuit highlighted the competitive significance of data access, with the court noting LinkedIn's non-exclusive license to user data rather than absolute ownership. This principle suggests that platforms do not have unrestricted proprietary entitlement to user information. Internationally, the EU Digital Markets Act explicitly recognizes data-access and portability mechanisms as tools to foster open digital markets and enhance user control. Furthermore, the Competition Commission of India (CCI) imposed a penalty on Meta for privacy policy violations in its WhatsApp proceedings, demonstrating that data-related contractual conditions can fall under competition law scrutiny. India's Digital Personal Data Protection framework also mandates specific data protection requirements, particularly for educati...
