The Implications of Informatics on Data Policy

Media Law Review, Forthcoming

37 Pages Posted: 15 Aug 2010

See all articles by Jon Garon

Jon Garon

Shepard Broad College of Law

Date Written: August 1, 2010

Abstract

Because of the increasing ease of digitization, all information is becoming part of a single, incomprehensively large, multinational, multicultural data system. The resulting data ecosystem is subject to local regulation by state and national laws which have often been drafted to address a conflicting set of jurisdictional rules and normative expectations regarding the creation, ownership, collection, storage and dissemination of information. The laws vary from country to country, resisting efforts at attaining international harmony because of deeply rooted historical differences in the power of the state, the influence of governmental censorship, and the legal of personal dignity protection afforded by national laws.

Medical records and health information; individual financial records; aggregated financial trend data; copyrighted music; public domain art; sports scores; scientific research findings; personal and professional correspondence; police surveillance videos; choreographic notations; architectural designs; discount or loyalty shopping cards; military deployment statistics; metadata in e-mails and tweets; encryption and decryption keys; these and many more categories of information are subject to often conflicting laws of copyright, privacy law, data protection regulations and competing legal regimes drafted to focus on particular types of information. Moreover, information has moved out of the computer. Using RFID chips, physical items increasingly broadcast information about their whereabouts.

This article tracks examples of informatics projects in the public and private sector to determine the primary public policy priorities to be fostered by the regulatory regime, including copyright, privacy interests, data ownership rules and data integrity policies to foster reliability, integrity and accuracy.

Keywords: Privacy, Metadata, Data, RFID, GPS, Copyright, Privacy Law, Data Protection, Cybersecurity, Personal Dignity, Data Integrity, Law, Loyalty Cards

JEL Classification: I18, K00, K23, O34, O31, O30, Z1

Suggested Citation

Garon, Jon M., The Implications of Informatics on Data Policy (August 1, 2010). Media Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1658908

Jon M. Garon (Contact Author)

Shepard Broad College of Law ( email )

3301 College Avenue
Ft. Lauderdale, FL 33314
United States

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