重庆理工大学学报2026，Vol.40Issue(8)：1-11,11.DOI:10.3969/j.issn.1674-8425(s).2026.04.001
数据竞争中用户隐私保护路径的重构
Reconfiguring the path to user privacy protection in data competition
摘要
Abstract
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.关键词
数据竞争/用户隐私/私法救济/公法救济/监管合作Key words
data competition/user privacy/private law remedy/public law remedy/regulatory coopera-tion分类
社会科学引用本文复制引用
王明泽..数据竞争中用户隐私保护路径的重构[J].重庆理工大学学报,2026,40(8):1-11,11.基金项目
国家社会科学基金一般项目"平台反垄断理论问题研究"(21BFX115) （21BFX115）
国家资助博士后研究人员计划项目"数据竞争法律规则研究"(GZC20241965) （GZC20241965）
