An Introduction to Data Property Ownership Rights and Data Protection Responsibilities

Abstract

This paper examines data property with an eye toward offering definitions that distinguish this type of property interest from that available for conventional intellectual property. The paper also will identify the legal rights vested in data creators as well as data protection rights for individuals whose online activities generate data that can be collected, collated, analyzed and sold.

The paper identifies the interests of various constituencies and stakeholders including governments, commercial ventures, civil society and individuals. It will report on objectives, strategies and work products generated by national governments, trade associations, companies and public interest groups offering legislative, policy and regulatory recommendations. More broadly, the paper identifies current best practices in data property protection by examining proposed and existing safeguards in specific countries and regions.

Keywords: data property, data protection, intellectual property, data mining, Big Data, data analytics, privacy, cybersecurity

JEL Classification: D18, D23, G14, G18, K11, K12, L51, L82, L86, L96, M37, M38, O31, O34, O38