数据竞争中用户隐私保护路径的重构OA

In data competition,the frequency and methods of infringing on user privacy continue to increase due to the integrated nature of privacy and the imperceptibility of harm.The Personal Information Protection Law struggles to safeguard user privacy in data competition due to problems such as a lack of free will in expression among users,unclear data ownership,and difficulties in adducing evidence.Although competition law has the legitimacy to intervening in user privacy protection,it still faces the dilemma of inadequate protection.Regarding user privacy protection pathways in data competition,existing theories and practices diverge into two distinct approaches.The first is the private law remedy pathway,where users whose privacy rights are infringed in data competition can initiate civil litigation in accordance with the law to protect their interests.The second is the public law remedy pathway,where competition enforcement agencies intervene through competition law enforcement,especially antitrust law enforcement.Both approaches have problems such as difficulties in comprehensively safeguarding user privacy and high use thresholds,which requires innovating the concept of user privacy protection regulation.On one hand,we should shift the focus of regulation from behaviorism to subjectivism in protecting user privacy.On the other hand,we should shift the focus of regulation from ex post to ex ante.As for the specific path of protecting user privacy in data competition,we should first clarify the judgment criteria for competition law intervention in user privacy protection—namely,whether operators simultaneously harm user privacy and the order of market competition;secondly,we should improve the tools for competition law to protect user privacy must be refined;finally,regulatory cooperation and information sharing for user privacy protection must be achieved.