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Aug 24, 2023 · In 2018, the Supreme Court ruled that Americans have a reasonable expectation of privacy in at least some of their cell phone location history data. The dissenting justices, however, did not agree. Many of them focused on the fact that the data in question isn’t an individual’s property.
Apr 24, 2020 · In this article, I will examine some of the specificities of how data is being actively formed into a separable object, as well as an object of property.
Oct 21, 2022 · 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.
This Article proposes, explains, and defends a system of property rights in data. Under our theory, a person has possession of data when they control at least one copy of the data. A person who interferes with that possession can be liable, just as they can be liable for interference with possession of real property and tangible personal ...
- 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
Oct 11, 2022 · 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.
People also ask
Should data property be governed by personal-property law?
Can a person be liable for possession of data?
Should data be regulated as a new class of property?
Are property rights appropriate for data other than personal information?
Are there intellectual property rights to data?
What is data protection law?
Intellectual property rights to certain data or rather to the content of data also already exist. However, such options do not grant a property-like right to data as such. Data is nevertheless a suitable object of purchase according to Sect. 453 (1) second alternative BGB (Beckmann, 2013, Sect. 453 para. 37).
