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The Intersection between Competition and Data Privacy – CAPEL – June 2024 OECD discussion

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OECD Directorate for Financial and Enterprise Affairs
OECD Directorate for Financial and Enterprise Affairs

This presentation by Tim Capel, Director of the UK Information Commissioner’s Office Legal Service, was made during the discussion “The Intersection between Competition and Data Privacy” held at the 143rd meeting of the OECD Competition Committee on 13 June 2024. More papers and presentations on the topic can be found at oe.cd/ibcdp. This presentation was uploaded with the author’s consent.

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How do Data Protection Authorities think about personal data and competition? Presentation for OECD roundtable on the intersection between competition and data privacy Tim Capel, Legal Director, UK Information Commissioner’s Office (ICO) 13 June 2024 The views expressed in this presentation are my own and do not necessarily reflect the position of the ICO
How DPAs think about personal data – a rights perspective • Safeguarding liberty – privacy as the “right to be let alone” • Human dignity and autonomy – privacy and data protection as fundamental human rights • Data privacy legal framework – principles for lawful processing, rights for individuals, obligations to ensure accountability • Free movement of personal data and international trade • Right to data protection “not an absolute right” 2
Towards a more economic approach • From regulating databases and filing systems to becoming a “law of everything” in the digital economy? • Understanding the economic importance of personal data and data driven business models • DPAs’ role in promoting economic growth and innovation • Consumers as individuals – “personal data cannot be considered as a tradeable commodity” (EDPB, Opinion 08/2024) 3
How should DPAs think about competition? • Strategic prioritisation and enforcement of data privacy law to support competitive outcomes • Market power and freely given consent – Case-252/21 Meta Platforms v Bundeskartellamt • The right to data portability and promotion of interoperability • Transparency and harmful design • Understanding markets and competitive dynamics to be effective advocates for data privacy 4

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The Intersection between Competition and Data Privacy – CAPEL – June 2024 OECD discussion

  • 1. How do Data Protection Authorities think about personal data and competition? Presentation for OECD roundtable on the intersection between competition and data privacy Tim Capel, Legal Director, UK Information Commissioner’s Office (ICO) 13 June 2024 The views expressed in this presentation are my own and do not necessarily reflect the position of the ICO
  • 2. How DPAs think about personal data – a rights perspective • Safeguarding liberty – privacy as the “right to be let alone” • Human dignity and autonomy – privacy and data protection as fundamental human rights • Data privacy legal framework – principles for lawful processing, rights for individuals, obligations to ensure accountability • Free movement of personal data and international trade • Right to data protection “not an absolute right” 2
  • 3. Towards a more economic approach • From regulating databases and filing systems to becoming a “law of everything” in the digital economy? • Understanding the economic importance of personal data and data driven business models • DPAs’ role in promoting economic growth and innovation • Consumers as individuals – “personal data cannot be considered as a tradeable commodity” (EDPB, Opinion 08/2024) 3
  • 4. How should DPAs think about competition? • Strategic prioritisation and enforcement of data privacy law to support competitive outcomes • Market power and freely given consent – Case-252/21 Meta Platforms v Bundeskartellamt • The right to data portability and promotion of interoperability • Transparency and harmful design • Understanding markets and competitive dynamics to be effective advocates for data privacy 4