A Study on the Regulation of Data Brokers in the U.S. under the Trend of Data Economics

A Study on the Regulation of Data Brokers in the U.S. under the Trend of Data Economics

 

Title
A Study on the Regulation of Data Brokers in the U.S. under the Trend of Data Economics
Author
Huei-Ying Hsu, Chih-Liang Yeh
Keywords
Big Data, Data Broker, Information Privacy, Personal
Information Protection Act, Breach of Personal Data
Abstract
Nowadays the development of analytics and applications of big data is booming.
The data that are being generated, transferred and utilized via many
online/offline activities have become the critical economic resource as the same as
the substances and energy resources. “Data Economics” has become the most important
issue that everyone discusses. However, the difference between data and
other economic resources is that the data are not exhaustive and can be reassembled
and reused. The more the data are used, the more value the data become. Thus,
the one who controls more data or more sources of data has the more dominant position
than others. Data Brokers are mainly engaged in reselling the products or
services of data. They control a large amount of original data and the channels of
data, including the public records, data generated from the dealers or consumers in the daily life. The data products and services that brought by data brokers can promote
the development of the entire information economy. By the emerging analytics
of big data, the original data industry has reformed. However, the data brokers’
acts on the profiling among different data may become a great concern on the
personal data and privacy protection. Thus, the questions of how to make a balance
among various stakeholders and how to regulate the data broker industry are crucial
subjects for an in-depth study. This paper examines recent cases of breaches of
personal data by the data brokers in the U.S., the reports prepared by the Federal
Trade Commission and the Government Accountability Office, proposed legislation
by Congress, and the self-regulation by the data brokers. By analyzing the
modes of regulating the data industry in the U.S., this paper argues that Taiwan’s
legal framework should be adjusted to the development of data industry and considered
how to get out of the difficult position of current data protection laws.
Abstract Article

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