- Research Article
8
- 10.1016/j.omega.2021.102540
Demand Postponement with Strategic Service Customers
- Sep 09, 2021
- Omega
- Haiyan Wang + 2 more +2
Demand Postponement with Strategic Service Customers
Problem definition: We study customer-centric privacy management in service systems. Academic/practical relevance: We explore the consequences of extended control over personal information by customers in such systems. Methodology: We adopt a stylized queueing model to capture a service environment that features a service provider and customers who are strategic in deciding whether to disclose personal information to the service provider—that is, customers’ privacy or information disclosure strategy. A customer’s service request can be one of two types, which affects service time but is unknown when customers commit to a privacy strategy. The service provider can discriminate among customers based on their disclosed information by offering different priorities. Results: Our analysis reveals that, when given control over their personal data, strategic customers do not always choose to withhold them. We find that control over information gives customers a tool they can use to hedge against the service provider’s will, which might not be aligned with the interests of customers. More importantly, we find that under certain conditions, giving customers full control over information (e.g., by introducing a privacy regulation) may not only distort already efficiently operating service system but might also backfire by leading to inferior system performance (i.e., longer average wait time), and it can hurt customers themselves. We demonstrate how a regulator can correct information disclosure inefficiencies through monetary incentives to customers and show that providing such incentives makes economic sense in some scenarios. Finally, the service provider itself can benefit from customers being in control of their personal information by enticing more customers joining the service. Managerial implications: Our findings yield insights into how customers’ individually rational actions concerning information disclosure (e.g., granted by a privacy regulation) can lead to market inefficiencies in the form of longer wait times for services. We provide actionable prescriptions, for both service providers and regulators, that can guide their choices of a privacy and information management approach based on giving customers the option of controlling their personal information.
Demand Postponement with Strategic Service Customers
Demand Postponement with Strategic Service Customers
Demand Postponement with Strategic Service Customers
Demand Postponement with Strategic Service Customers
Protection of the right to self-determination of personal information in the era of COVID-19
개인정보자기결정권은 헌법전에 명문으로 규정되지 않았음에도 불구하고 헌법해석에 의해 기본권으로 인정되는 기본권이다. 그리고 개인정보자기결정권이라는 기본권은 정보화시대에 정보주체의 사생활 보호 등 여러 보호영역과의 관련성을 갖는 중요한 기본권이다. 그런데 메르스 사태 이후 현재의 코로나19 상황에 이르기까지 감염병 예방과 전파방지의 과정 속에서 개인정보의 제한과 침해에 대한 숙고와 검토가 필요하다는 것이 자명해졌다. 왜냐하면 실제로 코로나 19에 대한 효과적 대응을 위한 정보공개 시스템 실행의 이면에는 확진환자 개인의 사생활이 여과 없이 공개되는 부작용 발생이 적지 않았기 때문이다. 이미 국가인권위원회도 확진자의 과도한 사생활 노출로 인한 인권침해가 발생하지 않도록 해야 한다고 권고한 바 있다. 이러한 상황에 대한 문제의식을 바탕으로 이 글에서는 개인의 민감정보 등 개인정보 공개와 관련한 개인정보 보호법과 감염병 예방법의 관련 규정들을 상관적으로 검토하였다. 특히 개인정보자기결정권과 관련하여 감염병 예방법상의 정보공개와 관련된 규정인 제34조의2 규정을 중심으로, 확진자의 내밀한 사생활을 보호할 수 있는 세부적이고 합리적인 공개기준의 정립 여부와 특히 위치정보 등의 공개로 인한 권리침해의 문제에 대해 살펴 보았다. 일반적인 개인정보와 구분되는 개인위치정보의 특성을 고려할 때 개인위치정보가 개인정보 보호법상의 민감정보에 해당될 수 있는가, 개인위치정보의 분류에 관하여 온라인행태정보유형으로 생존하는 개인에 관한 정보로써 개인정보 가명가공정보익명가공정보 중 어디에도 해당하지 않는 정보유형으로 새로이 “개인관련정보”를 입안하는 방안의 검토, 감염병 예방법상 개인위치정보를 비롯한 개인정보를 제공하고 공개함으로써 발생될 수 있는 권리침해에 관한 대책과 절차에 대해 검토하였다. 개인정보에 관련된 법제는 그 정보의 보호와 이용이 동시에 고려되어야 할 필요가 있다. 즉 개인정보 관련법제는 ‘개인정보의 유용성 배려’와 ‘개인의 권리이익 보호’의 균형을 맞추는 병존적 구조를 반영한 것이어야 할 것이다. 다만 양법익 간의 관계에 있어서는 ‘개인의 권리이익 보호’가 우선적으로 고려되는 것이어야만 함은 물론이다. 안전사회 추구로 인한 부작용을 간과해서는 안되는 것도, 개인정보의 유통으로 인한 비재산적 손해에 대한 배상책임을 고민해야 하는 것 도 이러한 헌법정신에 기인한다고 하겠다. 감염병 예방법의 새로운 수정이 시작되어야 한다.The right to self-determination of personal information is a basic right recognized as a basic right by constitutional interpretation, even though it was not prescribed in the Constitution. And this right is an important basic right that has relevance to various areas of protection, such as protection of the privacy of the information subject in the information age. However, from the MERS outbreak to the current COVID-19, it has become apparent that it is necessary to consider and review the restrictions and infringements of personal information in the process of preventing infectious diseases and preventing transmission. This is because, in fact, behind the implementation of the information disclosure system for effective response to COVID-19, there were not a few occurrences of side effects in which the personal life of confirmed patients was disclosed without filtering. The National Human Rights Commission of Korea has already recommended that human rights violations should not occur due to excessive exposure of the confirmed person s private life. Based on the awareness of the problem in this situation, in this article, the related regulations of the Personal Information Protection Act and the Infectious Disease Control and Prevention Act related to the disclosure of personal information, such as personal sensitive information, were reviewed correlatively. In particular, with respect to the right to self-determination of personal information, detailed and reasonable disclosure standards have been established to protect the confidential personal life of the confirmed person, with a focus on Article 34-2, which is a regulation related to the disclosure of information in the Infectious Disease Prevention Act, and, in particular, disclosure of location information, etc., I reviewed the problem of infringement of rights caused by. Considering the characteristics of personal location information that are distinguished from general personal information, can personal location information correspond to sensitive information of the Personal Information Protection Act?, review of a plan to devise a new “personal-related information” as an information type, review measures and procedures for rights infringement that may occur by providing and disclosing personal information including personal location information in the Infectious Disease Control and Prevention Act. Legal systems related to personal information need to consider the protection and use of the information at the same time. In other words, the legislation related to personal information should reflect the coexistence structure that balances “consideration of the usefulness of personal information” and “protection of individual rights and interests”. However, in the relationship between the two legal interests, ‘protection of individual rights and interests’ should be given priority. It can be said that this constitutional spirit should not overlook the side effects caused by the pursuit of a safe society and the need to consider liability for compensation for non-property damages caused by the distribution of personal information. A new modification of the Infectious Disease Control and Prevention Act must be initiated.
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