关键词: “数据池”, 共享, 个人信息保护, 反垄断法

Abstract: The“Data pool”is an important form of sharing personal information. There is no consensus on whether the personal information in the“data pool”needs the protection of anti-monopoly law. Although it is difficult to analyze the anti-monopoly law property of the personal information in the“data pool”with the traditional price theory, in many cases, personal information itself is the price of services. Through the logical chain of“data-quality-price”, the personal information in the“data pool”can be included in the auxiliary protection scope of the anti-monopoly law. In the digital age, the personal information in the“data pool”can constitute independent consumer welfare, where the protection of personal information is as important as price, and the subsidiary protection is as important as the independent protection. The automatic sharing of data in the“data pool”constitutes exploitative abuse, and the formation of“data pools”by the merger of digital enterprises with a dominant market position is an anti-competitive behavior of exclusive abuse. The“data pool”aggregation of personal information and the personal information collusion should be regarded as a new type of monopoly behavior, but it still does not exceed the three kinds of monopoly behaviors stipulated in The Anti-Monopoly Law, which is a new type of operator concentration and monopoly agreement.

Key words: “data pool”, sharing, personal information protection, the anti-monopoly law