The DOI matches its Crossref record; 10 of the 10 references it cites were found in a registry or an index.
Data Ownership
Abstract
The rapid expansion of the data economy raises serious questions about who “owns” data, and what data “ownership” entails. In most jurisdictions, data that are kept confidential can be protected as confidential information. However, such data are vulnerable to exposure through hacking or leaking by third parties. In many instances, significant stores of data cannot be kept confidential, and protection must be sought elsewhere. Copyright law has long treated facts as being in the public domain, but will provide protection for compilations of facts that meet the threshold for “originality.” Such protection is considered to be “thin,” as it does not extend to the underlying facts, applying only to their original selection or arrangement. In the European Union, database rights offer a more robust protection for compilations of data, but they also fall short when it comes to protecting the facts that make up such compilations. Debates over ownership rights in data have been heating up. In Europe, policy makers have raised the possibility of creating sui generis ownership rights in data. In Canada, a recent court decision has raised the interesting question of whether facts and data should be treated differently in copyright law, offering a far more robust protection for data than for facts. In addition to these developments, Europe’s new General Data Protection Regulation also appears to vest certain rights in data subjects through the newly introduced concept of data portability. If data are capable of ownership, either through a sui generis right or copyright law, this raises important questions about how to strike a balance between the rights of data “owners” and the public interest in access to and reuse of data. This paper will explore the legal bases for claims of ownership of data, the extent of the public interest in access to and use of data, and the areas in which public policy development is required to address the changing needs of the data economy and society.
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“This situation is further highlighting the concept of “data” and complexities in distinguishing them from facts (Scassa 2018, 7).”
From What We See, What We Don’t See: Data Governance, Archaeological Spatial Databases and the Rights of Indigenous Peoples in an Age of Big Data (2020) · cites this paper as Scassa 2018
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Citations
Cites
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Digital Markets, Data, and Privacy: Competition Law, Consumer Law, and Data ProtectionPreprint
Kerber, W. (2016) · SSRN Electronic Journal · doi:10.2139/ssrn.2770479 · Cited by 114
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Kanatami, I. T. (2018) · IOC of UNESCO (Intergovernmental Oceanographic Commission) · doi:10.25607/obp-1673 · Cited by 93
Paying for Privacy and the Personal Data Economy
Elvy, S.-A. (2017) · New York Law School’s Digital Commons (New York Law School) · Cited by 72
(2018) · Duke Law Scholarship Repository (Duke University) · Cited by 48
Your browsing behavior for a Big Mac: Economics of Personal Information OnlinePreprint
Carrascal, J. P., Riederer, C., Erramilli, V., Cherubini, M., & de Oliveira, R. C. (2011) · arXiv (Cornell University) · doi:10.48550/arxiv.1112.6098 · Cited by 44
Data created by the internet of things: the new gold without ownership?
Farkas, T. J. (2017) · Revista La Propiedad Inmaterial · doi:10.18601/16571959.n23.01 · Cited by 21
Canadian Network Sovereignty – A Strategy for 21st Century National Infrastructure BuildingPreprint
Clement, A. (2018) · SSRN Electronic Journal · doi:10.2139/ssrn.3139206 · Cited by 6
(2002) · Bell Labs Technical Journal · doi:10.1002/bltj.2043 · Cited by 1
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Research works printed but not linked: 3
- See E G Haupt, 2016, Introducing Personal Data Exchanges & the Personal Data Economy
- Google, Google Crossmedia Panel
- 2017, Unwelcome Guest in the House of IP, Legal Concepts and Tools
Cited by
Gupta, N., Blair, S., & Nicholas, R. (2020) · Journal of Field Archaeology · doi:10.1080/00934690.2020.1713969 · Cited by 58
Metadata
- Authors
- Scassa, T.
- Publisher
- Elsevier BV
- Published
- 2018
- Cited by
- 12
- References
- 10
- Type
- Preprint
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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
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