Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
Open Access
- 29 September 2022
- journal article
- Published by Vilnius University Press in Teisė
- Vol. 124, 55-66
- https://doi.org/10.15388/teise.2022.124.4
Abstract
This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced.Keywords
This publication has 9 references indexed in Scilit:
- Personal Data as PropertySSRN Electronic Journal, 2020
- The New Californian Data Protection Law – In the Light of the EU General Data Protection RegulationSSRN Electronic Journal, 2020
- DATA COMMERCIALIZATION REGULATION IN THE ERA OF SHAPING DIGITAL ECONOMY (CIVIL LAW ASPECTS)Civil Law Review, 2020
- No One Owns DataSSRN Electronic Journal, 2018
- Personal Data v. Big Data: Challenges of Commodification of Personal DataOpen Journal of Philosophy, 2018
- Data as a Tradeable CommodityPublished by Cambridge University Press (CUP) ,2017
- Ownership of Personal Data in the Internet of ThingsSSRN Electronic Journal, 2017
- Property rights in personal data: Learning from the American discourseComputer Law & Security Review, 2009
- Property, Privacy, and Personal DataHarvard Law Review, 2004