Consumer’s Right to Privacy and Competition Law: A Deeper Connect in the World of Data

Right to privacy is a fundamental right enshrined under the Constitution of India and Competition Act 2002 seeks to ensure the welfare of consumers by maintaining healthy competition in the market. Both the rights/laws seem to be poles apart and unrelated to each other. With the emerging trend of data-driven economy that relies on collection of big-data from wide range of platforms accessible to the consumers, the two concepts of privacy and healthy competition in the market do not remain un-related. Right to privacy of a consumer needs to be ensured when his data is being collected by the technology companies every second that he uses the internet. These data collection practices of online platforms can have a significant impact on consumers’ privacy. The collection and use of personal data can be a form of market power, and the lack of privacy can make it difficult for consumers to make informed choices. The present paper seeks to explores the various connections between privacy and competition law and how the same can be placed in the present as well as evolving framework of Competition regime in India. Such an enquiry becomes necessary in the ever evolving age of information technology for the law to keep its pace with it.