Personal Data Protection Models: Aspects of Ownership

Abstract

The potential application of a property rights model to personal data is an old subject of legal discussion. As some scholars have argued, such treatment could strengthen individuals’ control over their information or could put pressure on firms to better manage people’s data. Given that in the modern era personal data does have some economic value and is treated as a digital asset, this article mentions some examples to detect uncertainties that have, under current norms, occurred. Furthermore, it studies the status of personal data after a person’s death and points out some common features that the concept of such data possession and the concept of ownership share. Finally, several shortcomings of the proprietary-based model are discussed to draw particular attention to the sensitive character of our information and its relation with the fundamental principles of human value and dignity.

Keywords: personal data, ownership, deceased, property right