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Aug 24, 2023 · But more importantly, a situational right to exclude over data in other sources of law beyond property law can be located. Any kind of exclusion-based right over data in a statute would generate a situational right to exclude, thus triggering Fourth Amendment protections. In this way, this view is a positive law view of the Fourth Amendment.
Apr 24, 2020 · Intellectual property law also teaches that objects can be private property first, but then return to a state of communal holding, such as when works pass over to the public domain as intellectual property rights expire. When data is treated as an object of property, just as it is not placed under any clear property category, there are no such ...
Jun 13, 2023 · Property is “anything that is owned by a person or entity” and is generally understood as one of two categories: real property, such as land and real estate, and personal property, such as movable items. 88 Data is unique, however, because the very concept and nature of data is not clearly understood under the law. 89 Data is often discussed in abstract terms, and not specifically defined ...
- ABSTRACT
- INTRODUCTION
- I. DEFINED TERMS
- A. Personal Information and Data Subjects
- V. A PROPOSAL AND NEXT STEPS
- A. Attaching Ownership to Data
- D. Reconciling Existing Privacy Laws
The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials a...
The rapid and accelerating development of data analytics, automated manufacturing, probability-based management practices, machine-based commodities trading, and other innovations is generating an entirely new global awareness of the economic value and functional utility of digital information. All of these industrial creations confirm that data ha...
For the purposes of this article, the following terms will be used. These terms have been developed in order to facilitate the discussion presented. The definitions are not scientifically precise; rather, they are intended to focus the analysis and, hopefully, enable ongoing dialogue about the utility and application of a property rights legal foun...
Global legal standards for protecting personal information evolved with considerable speed. Today, across most developed economies, data subjects have rights—expressed in constitutions, directives, statutes, regulations, and judicial decisions—to regulate how their personal information, once collected, can be used, processed, or distributed. As a...
Our proposal begins by answering the question, “When does data begin to exist?” We propose that data becomes real the moment it is recorded by electronic or digital means. At that point in time, something tangible exists that is new and different from the preceding moment in time. Data creation occurs through one of two methods—either a human user...
Once data exists as physical matter, the next question is, “When do the rights of ownership attach to the data?” As noted earlier, the rule of law for personal information does not provide any clear benchmark of when ownership does or does not attach to the information itself.156 Yet, as described in Part II, there are growing international calls f...
As noted earlier, privacy laws have often been the intense focus of academic debate as to whether property rights systems were appropriate for personal information. In our analysis of the related scholarship, the view often was one of either/or—personal information must be governed by either a property rights system or a torts-based system (with th...
- Jeffrey Ritter, Anna Mayer
- 2018
May 2, 2014 · Both countries require that a work be “original” within the definition of respective laws. However, the Canadian legal concept of originality allows for copyright protection where discernment, skill, and judgement are involved in compiling data, while US law emphasises protection for the creative, novel, and unique.
Sep 21, 2021 · We show that user-held data meets all the requirements of an ‘asset’ in property laws regardless of the fact that data could be deemed as being intangible. More specifically, we show that such user-held data is specifically defined, has independent economic value to the individual, and can be freely alienated.
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Oct 21, 2022 · But importantly, it does not constitute an expansive new intellectual property right of the sort that scholars have warned against. Instead, a regime of data property fits comfortably into existing personal-property law, restoring a balanced and even treatment of the different kinds of things that matter for people’s lives and livelihoods.
