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Privacy, Data and the Individual : Private and data property

Authors: Center For The Governance Of Change; Risse, ;

Privacy, Data and the Individual : Private and data property

Abstract

This contribution explores questions related to the protection and governance of private data by drawing on the analogy between privacy and property. Although this analogy is not entirely new, property and the defense of property rights remain one of the most common ways in which rights to private data are discussed in both legal and philosophical debates. Accordingly, the paper starts out by presenting theories of property generation and acquisition and adapts these to the generation and collection of private data. Similarly to property, data as such does not independently exist; it is something created by human beings. Data exists because it is measured, gathered and organized. When it comes to the acquisition of personal data, however, one cannot assume—as in the case of property—that the person who gathers data automatically owns it. Thus, it seems important to note that—unlike the case of property—generation and acquisition of data do not automatically go hand in hand. Yet, once data exists, questions of how it is protected, acquired and transmitted remain and property rights provide a helpful starting point in searching for answers.

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Keywords

Marketing, Technology, Property, Ptivacy, Tecnología, RGPD, FOS: Economics and business, Protection and governance of private data, Privacidad, Personal Data, Protección y gobernanza de datos privados., Datos personales, Propiedad, GDPR, Regulación General de Protección de Datos, General Data Protection Regulation

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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