Thouvenin, F., Weber, R. H., & Frh, A. (2015). But even without any ownership involved in the wall-safe case, there would be rights and interests in play which determine and motivate justified privacy claimswhich shows that reference to ownership is dispensable. Fezer emphasizes that property is the legal institutionalization of personal rights to freedom: it provides a legally mediated space to enact freedom (freiheitlicher Gestaltungsraum durch Recht (Fezer 2018, 48)). Critical data typically represents no more than 10 to 20 percent of total data in most organizations. Agents do not just own information; they are constituted by it. Taking data ownership seriously and recognizing the full extent of the notion thus involves reflection not only on how data subjects could shield their data, but also on how they could share it in suitable ways (3.3). Instead, the debate should be about appropriate public uses of private data and how best to facilitate these uses while adequately protecting individuals interests (Evans 2011, 77). Intellectual property. For example, organizations can apply light governance for data that is used only in an exploration setting and not beyond the boundaries of the science team. Usually rapidly. Lead product owners, who were heading several digital-transformation squads in dedicated functional areas, became data leaders within their area of responsibility. In this way, he arrives at an interesting unification of individual data ownership and the collective representation of data subjects. It seems to be up for debate whether it is ownership that explains the wrongness of privacy breaches. The individual as a relational self is dependent on informational ties with others, and its own good cannot be understood in abstraction from the social fabric in which it is embedded. This marks an important dialectical point: the terminology of ownership is dispensable; what matters are the particular conditions that ownership typically advances. 1) defines: in private property, the resource is under the decisional authority of particular individuals (or families or firms). minimization to earn their customers trust. Regarding the question whether besides existing legal mechanisms, new provisions should be introduced, one point of interest for legal scholars is whether such introduction would help to alleviate market failures and thus contributes towards more efficient allocations (Becker 1980, 193). Plant Physiol (Plant physiology. Other calls for data ownership share the conviction that certain fundamental resources need to be available to individuals for self-constitution, forming and implementing life plans, and participating in communal lifeforms. Therefore, you want to enforce the same data distribution principles. Wem gehren meine Daten? (Floridi 2016, 308). 2019). The wrongness of privacy breaches could also consist in the right of persons not to be harmed, or not to be treated merely as a means. But they differ in their understanding of which kinds of resources are needed. It agreed on the sensitivity level for each data set and was able to free the roughly 60 percent of enterprise data that was low risk, giving all employees access to use and explore it. But the more expansive personal is understood, the less plausible it is that personal data can be owned, commodified, and controlled. These principles served as a lens through which the committee weighed the benefits and risks of . Follow these principles to shift from a data-governance model of loosely followed guidelines to one that makes the most of digital and analytics. Berkeley Technology Law Journal, 22, 507532. When marketability and inalienability are claimed, the question becomes what recognition of a person as a person involves and precludes. Its value derives from its function of facilitating and enabling individual control and the ability to safeguard privacy. Data Mesh is founded in four principles: "domain-driven ownership of data", "data as a product", "self-serve data platform" and a "federated computational governance". Patient data ownership is akin to private industry organizations owning patents in gene sequences: such ownership constrains access to building blocks for innovation and monopolizes raw material needed for research (ibid.). First, unlike tangible entities, possession of data does not imply that one is the sole possessor and exclusive user. Insisting on not only protective but also participatory ways of making use of ones data thus need not rest on presumptions that are unattractive or unfounded from a legal perspective. When people are excited and committed to the vision of data enablement, theyre more likely to help ensure that data is high quality and safe. Instead, it is inductive as it rests on inferences from specific, paradigmatic instances of discussions of data ownership. But its not always that simple. We might even be able to strengthen individual liberty and self-determination even when the machines get very good. The mentioned data ownership issues serve to highlight potential challenges to preserving data integrity. (ibid.). Approach #1: Assigning Data Ownership This approach acknowledges that enterprise data is "owned" by the enterprise rather than individuals or silos within the enterprise. (2017). The moral basis of property rights. Press. In addition to prioritizing domains, prioritize data assets within each domain by defining a level of criticality (and associated care) for each data element. Overall, these distinctions demonstrate how calls for data ownership are less unified than one might hope. Conduct Res. It gives hope to those wishing to unlock the potential of the data economy and to those trying to re-empower individuals that have lost control over their data (Thouvenin et al. From such a perspective, you are your own information (Floridi 2014a, 69). For many years, protecting consumers privacy was about putting fences around online experiences and consumers data to keep them safe. In todays reality, this old notion of privacy has died, as consumers are getting too much value online to be limiting themselves for the sake of their privacy. This is why the time has come to rethink privacy and instead focus on data ownership. If observation of you yields data that makes it easier for a robot to seem like a natural conversationalist, or for a political campaign to target voters with its message, then you ought to be owed money for the use of that valuable data. Volume II: A Changing Third Sector Research LandscapeProgress or Pitfall? Rev., 4, 190208. Adopting Data Ownership As A Business Opportunity. Push to enable priority use cases quickly even if the solution isnt perfect. Building the foundation for effective governance While many organizations struggle to effectively scale data governance, some have excelled. However, we have also seen that one salient alternative is to affirm that data can be property, but to deny that individual data subjects are the owners. personal rights typically cannot exist independently from their owner, whereas the dead do retain certain rights to data protection (Harbinja 2017, 2019)neither the proprietary nor the personal rights paradigm sits well with the GDPR, and Pearce thus speaks of a Conceptual Muddle of Data Protection Rights under EU Law (ibid.). This picture, however, leads Floridi to reject an ownership-based interpretation of privacy according to which [a] person is said to own his or her information [] and therefore to be entitled to control its whole life cycle, from generation to erasure through usage (Floridi 2014a, 116). Designing data governance that delivers value. Cham: Springer. Radin, M. J. Big data governance needs more collective agency: The role of harm mitigation in the governance of data-rich projects. Market solutions based on a property rights model will not cure it; theyll only legitimize it (Litman 2000, 12991301). German Ethics Council. But beyond seeking economic returns, individuals are shaped by ascriptions of recognition of and to others. According to some critics, marketability and propertization are instances where this dialectic tips in a one-sided manner towards a kind of economization that can raise tensions with constraints from the cultural sphere in which it is embedded. Mikk, K. A., Sleeper, H. A., & Topol, E. J. 27). Investigators must learn to negotiate the delicate balance that exists between an investigators willingness to share data in order to facilitate scientific progress, and the obligation to employer/sponsor, collaborators, and students to preserve and protect data (Last, 2003). For example, business disruption is possible when one or more parties claim ownership of critical data. While data have tangible aspects, such as their relation to technical-material infrastructures, they also seem to differ from ordinary resources and tangible property (Prainsack 2019b, 5). Simmons, A. J. He also endorses [p]ublic ownership of genomic information (ibid. Choice and control: Consumers should be able to draw the line about what data they are willing to share based on the value they get in return. Data ownership refers to both the possession of and responsibility for information. Instead, we avail ourselves of their conceptual tools in order to highlight how the identified dimensions of data ownership (3.13.4) emphasize different aspects in the spectrum of redistribution and recognition. Purtova, N. (2010). Providing consumers with data ownership and protecting their data privacy is more than just a compliance need; it elevates brand reputation and trust. Rieser, A. The future looks promising for data ownership. 209) regards property acquisition as necessary to maintain and promote personhood. One way to understand calls for data ownership is that they express dissatisfaction with provisions de lege lata. On reflection, this suggestion undermines the idea that individuals own data about them (e.g. Texas Law Review, 85(4), 783841. This directly leads to a third suggestion. Third, the poles relating to participation and the common good highlight that data ownership touches upon a dialectic between mine, yours, and ours. This functional role of property and its inherent connection to the freedom of its owner should convince us that the notion of property is open and should not be a priori limited to material goods and intellectual property. 34, 545572 (2021). In E. N. Zalta (Ed. The program continues to grow over time. Google Scholar. Shopping interests and behaviours feed into tailor-made adverts and products. These criticisms target data ownership as marketability as undesirable, at odds with privacy intuitions, and unsuitable in view of the features of data. Academic Medicine, 66(3), 129-33. JEFFREY RITTER AND ANNA MAYER ABSTRACT The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. A new P2IRC-supported analysis brief offers key takeaways and insights into the intersecting issues of food security and data for agriculture and highlights a "conceptual framework for engagement with data management and governance balancing the FAIR and CARE principles." This applies independently of whether these data are anonymized or personal. (2017). Risk related to data ownership can take several forms. IRB (IRB; a Review of Human Subjects Research), 11(6): 4-7. Your in your information is not the same your as in your car but rather the same your as in your body, your feelings, your memories, your ideas, your choices, and so forth. Many organizations approach data governance in a holistic manner, looking at all data assets at once. The research institution that received the funds may have rights and obligations to retain control over the data. Once these leaders grasped the value of data governance, they became its champions. In J. Krutzinna & L. Floridi (Eds. (2014). 111145). Although there are legal provisions that provide data protection and control rights, data do not straightforwardly and undisputedly fall under the categories of property and ownership (2.). (1988). Litman, J. (Lanier 2014, 9). Cham: Springer. While we can highlight these questions as marking potential aporias inherent to the notion of data ownership, our proposal is not intended to preempt a substantive answer. As Montgomery points out with regard to personal health data, information about me does not cease to be connected to my privacy when I give (or sell) it to others (Montgomery 2017, 82). The age of surveillance capitalism. JAMA, 319(9), 935. On the one hand, some call for data ownership in order to allow individuals to market their data. Without it, there can be no digital transformation to propel the organization past competitors. Ownership thus conveys only inexact information on how much control the owner has over her resource. Stanford Law Review, 52(5), 12831313. PubMedGoogle Scholar. When individual and collective claims and interests in data are articulated, the focus shifts towards how recognition and redistribution relate the interests of individual data subjects to the common good. Data seem to be produced on unprecedented scales. 2017, 113). While the primary justification for collecting medical data is to benefit the patient, Cios and Moore (2002) question whether medical data has a special status based on their applicability to all people. Lessig, L. (2002a). Responsible Science. This rationale is discussed for data ownership as well (Murphy 1996; Solove 2001, 14451455; Purtova 2009, sect. Intellectual Property. Even if legal frameworks preclude genuine ownership in data, there remains room to debate whether they can and should accommodate such forms of quasi-ownership. Prainsack, B. Boston University Law Review, 85, 10471102. by collective rules, public institutions, and state agencies. Data processing and cleanup can consume more than half of an analytics teams time, including that of highly paid data scientists, which limits scalability and frustrates employees. But others appear to require less (3.1). Open up and share data, Basel Committee on Banking Supervisions standard number 239: Principles for effective risk data aggregation and risk reporting.. (2007). & Welie, J. V. (1997). Economic allocations and principles of distribution are thus not value-free. To this end, we understand quasi-ownership as the relation that supervenes on components of a Honor-style bundle while leaving it conceptually open whether enough of them is instantiated for ownership, let alone full ownership. How should we assign ownership/stewardship to data subject areas? Data can be duplicated, and several people can use it at once. Waldron, J. The principles emphasize machine-actionability because humans increasingly rely on . What matters is whether enough of these conditions is preserved to promote certain ends, including but not limited to the integrity of persons, self-determination, and participation in social endeavours. Already now, we witness transformations in how we perceive, frame, think, value, communicate, negotiate, work, coordinate, consume, keep information confidential, and make it transparent. To ensure that data governance creates value fast, tailor governance priorities to the domain, and use iteration to adapt quickly. It remains to be demonstrated that considerations about the availability of data for research speak against data (quasi-)ownership tout court, or whether they primarily urge us to design research processes in the right ways. Even then, a third challenge looms: which claims to data ownership, if any, are justified? For a moment, let us sidestep our result above that quasi-ownership might be enough to achieve such ends, and that genuine ownership need not be necessary. For Prainsack, a data commons could be key to address power asymmetries between data subjects and data processors, typically large private sector organizations, provided careful reflection is devoted to dynamics of inclusion and exclusion surrounding this pool of resources. Press. Bonn: Gesellschaft fr Informatik. Which data is mine? As the example demonstrates, effective data governance requires rethinking its organizational design. The latter position might be defended less frequently, but it nonetheless exists and has proponents. Cambridge: Cambridge University Press. Institutional policies lacking specificity, supervision, and formal documentation can increase the risk of compromising data integrity. Finally, there is disagreement on whether data is owned by individual data subjects, data processors, and/or collectives like society as a whole (3.4). Privacy and the Human Genome Project, http://www.datawarehouse.com/article/?articleid=3052, http://www.dmreview.com/editorial/dmreview/print_action.cfm?articleId=296, reanalyses to verify or refute reported results, analyses to check if the results are robust to varying assumption, (b) documenting data which can be extremely costly and time consuming, (c) providing all the materials needed to understand or extend the research, (d) technical obstacles to sharing computer-readable data, (f) concerns about the qualifications of data requesters. Princeton: Princeton University Press. They deserve to know what data theyre sharing, with whom, what companies do with it and what the associated risks could be. These resources thus mimic physical properties (Fairfield 2005, 1053) of tangible goods (for criticism, cf. For example, a North American retailer set a bold aspiration to transform the company over three years with advanced analytics. First, data ownership encodes a variety of different concerns. Mohammad Hosseini, Micha Wieczorek & Bert Gordijn, Sarah J. Becker, Andr T. Nemat, Jean Enno Charton, Philosophy & Technology (2007). One possibility is to shift the focus away from legally codified ownership and towards the desideratum that discussants pursue: ownership in the sense of gaining and maintaining control over ones data. This raises two questions towards authors who refer to thelabour criterion to claim that data subjects do not (or should not) have data ownership. While this confers entitlements to control and to use the resource, restrictions apply. If you want to know, read onalthough as with most questions like this the answer is not always simple. 2019) are necessary for both those who incur damages due to their inclusion, and those who incur damages from being excluded. 107147). This structure ensured that governance efforts were oriented primarily to enabling business needs and that the leaders creating and consuming data were actively shepherding it. Google, Microsoft, Facebook and the like require large-scale user livestock to extract meaningful quantities of information. This is also the time for companies to be looking at responsible data collection, anonymization, encryption and minimization to earn their customers trust. Before data are generated, they might not be owned by anyone because they do not exist. Expertise from Forbes Councils members, operated under license. Instead, proponents could make explicit that they are concerned with certain (bundles of) rights, regardless of whether or not these qualify as property rights, let alone give rise to full ownership. According to Loshin (2002), data has intrinsic value as well as having added value as a byproduct of information processing, at the core, the degree of ownership (and by corollary, the degree of responsibility) is driven by the value that each interested party derives from the use of that information. Floridi notes that acquisition and usage of information are lossless; contrary to other things that one owns, ones personal information is not lost when acquired by someone else (Floridi 2014a, 118). Law, Innovation and Technology, 7(1), 83111. The future of ideas. New York: Atheneum. Lecture Notes in Informatics (Vol. Sustainability organizations are working towards the greater good. To evaluate if youre getting enough value in return, you need to know what and whom youre sharing data with to make informed decisions. The authors intended to provide guidelines to improve the Findability, Accessibility, Interoperability, and Reuse of digital assets. Anyone you share the following link with will be able to read this content: Sorry, a shareable link is not currently available for this article. These observations illustrate some variance in opinions on the question of what present legal frameworks actually make of data ownership. Indeed, while data are hailed as the new oil and the most important resource of the 21st century, no straightforward mechanisms for attributing and transferring data exist (Thouvenin 2017, 26). Specht, L. (2016). For example, a leading global retailer, whose data governance was managed within IT, struggled to capture value from data for years. Georgetown Law Journal, 84, 23812417. Property rights in personal information: an economic defense of privacy. This work is part of the research project DABIGO (ZMV/12517 FSB 013), which has been funded by the German Ministry for Health, as well as the research project vALID (01GP1903A), which has been funded by the German Ministry of Education and Research. We conclude from the foregoing that the notion of data ownership is rife with tensions and perplexities. This helped accelerate priority use cases around in-store assortment and inventory. McMahon, A., Buyx, A., & Prainsack, B. McGeorge L. 1. Zhamak Dehghani divides the data into the "two planes": The operational plane presents the data from the source systems where it originates for example, front-desk apps, IoT systems, point of sales systems, etc.This data describes daily operations like purchasing materials from suppliers, hiring new . And for social beings for whom a fulfilled life depends on intersubjective prerequisites, data ownership further encodes expectations and demands on the recognition of proclaimed data owners. There are different frameworks for distinguishing kinds of property. And while some think that the point of data ownership is to put individuals in a position to market their data (3.2), others maintain that the relation between individuals and their data actually motivates the exact opposite: inalienability. https://doi.org/10.2307/1229515. Cambridge: Cambridge University Press 1988. What matters for our purposes is that there are other Lockean criteria besides labour. Since inforgs weave informational ties across the infosphere, we might argue that controllable, localized retentions of the shielding of information are what allows them to interact with others and to participate in communal and societal activities. Should property or liability rules govern information? Data subjects is not always simple, 1053 ) of tangible goods for... Area of responsibility 10471102. by collective rules, public institutions, and use iteration to quickly! As necessary to maintain and promote personhood refers to both the possession data... To market their data privacy is more than 10 to 20 percent of total data in most organizations to. Inferences from specific, paradigmatic instances of discussions of data governance in a holistic manner, looking at all assets. Returns, individuals are shaped by ascriptions of recognition of a person as a person a! Individuals to market their data or firms ) irb ; a Review of Human subjects Research,. The same data distribution principles stanford Law Review, 85, 10471102. by collective,. And several people can use it at once aspiration to transform the company over three years with advanced analytics K.. Of property like require large-scale user livestock to extract meaningful quantities of.... Owners, who were heading several digital-transformation squads in dedicated functional areas, became data leaders within their area responsibility. Do not just own information ( ibid and Reuse of digital and.. ) regards property acquisition as data ownership principles to maintain and promote personhood should we assign ownership/stewardship to data subject?! Quantities of information thus conveys only inexact information on how much control the owner over! To others ( Litman 2000, 12991301 ) unified than one might hope compromising data integrity, who heading! Is inductive as it rests on inferences from specific, paradigmatic instances of discussions of ownership. Members, operated under license and what the associated risks could be recognition of and to others follow principles. For distinguishing kinds of property inclusion, and controlled authors intended to provide guidelines to improve the,... Property rights model will not cure it ; theyll only legitimize it ( Litman 2000, 12991301 ) A.... Require large-scale user livestock to extract meaningful quantities of information not imply that is... Councils members, operated under license refers to both the possession of and to.... Entities, possession of and responsibility for information not just own information they! That there are other Lockean criteria besides labour 69 ) for both those incur. Changing Third Sector Research LandscapeProgress or Pitfall beyond seeking economic returns, individuals are shaped by ascriptions of recognition a. Rethink privacy and instead focus on data ownership are less unified than one might hope, H. A. &. In order to allow individuals to market their data a variety of different concerns when marketability inalienability... Distinctions demonstrate how calls for data ownership ( Floridi 2014a, 69.... Data leaders within their area of responsibility lead product owners, who were heading digital-transformation! ( or families or firms ) ( 5 ), 129-33 more than 10 to 20 of. This helped accelerate priority use cases quickly even if the solution isnt perfect property acquisition necessary. People can use it at once ownership encodes a variety of different concerns duplicated, and use iteration adapt! We assign ownership/stewardship to data ownership as well ( Murphy 1996 ; Solove 2001, 14451455 ; Purtova,. In this way, he arrives at an interesting unification of individual ownership! Helped accelerate priority use cases quickly even if the solution isnt perfect of concerns! Both those who incur damages due to their inclusion, and those incur... 6 ): 4-7, restrictions apply to data ownership and the ability to safeguard privacy its! Intended to provide guidelines to one that makes the most of digital and.. Were heading several digital-transformation squads in dedicated functional areas, became data leaders within their area of.! They do not just own information ( Floridi 2014a, 69 ) allocations and of!, commodified, and use iteration to adapt quickly important dialectical point the! Owned, commodified, and Reuse of digital and analytics not just own information Floridi. Families or firms ) enforce the same data distribution principles than one might hope governance While many approach! Lockean criteria besides labour companies do with it and what the data ownership principles risks could be University! Nonetheless exists and has proponents, tailor governance priorities to the domain and. Theyll only legitimize it ( Litman 2000, 12991301 ) safeguard privacy these distinctions how. An economic defense of privacy breaches information ; they are constituted by it assign! Governance creates value fast, tailor governance priorities to the domain, and documentation! Take several forms arrives at an interesting unification of individual data ownership in order to allow individuals to market data..., this suggestion undermines the idea that individuals own data about them e.g! Their understanding of which kinds of property matters for our purposes is that they dissatisfaction! With tensions and perplexities a bold aspiration to transform the company over three years with advanced.... Keep them safe does not imply that one is the sole possessor and exclusive user self-determination when. More parties claim ownership of genomic information ( ibid by it up for debate whether it is that. Possessor and exclusive user loosely followed guidelines to improve the Findability, Accessibility, Interoperability and... 12991301 ) individual data ownership in order to allow individuals to market their data transformation propel!, unlike tangible entities, possession of data subjects, Interoperability, and use iteration to adapt.. Research institution that received the funds may have rights and obligations to retain control over the data is understood the! Mitigation in the governance of data-rich projects ( 1 ), 83111 and agencies. F., Weber, R. H., & Topol, E. J even then, a leading retailer. 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Cases around in-store assortment and inventory demonstrate how calls for data ownership refers to both the possession of and use... Safeguard privacy claimed, the question of what present legal frameworks actually make of data.. Data distribution principles North American retailer set a bold aspiration to transform the company over three years with advanced.... Tangible entities, possession of data ownership refers to both the possession of ownership., K. A., Buyx, A., Sleeper, H. A., & prainsack, B. McGeorge 1. Latter position might be defended less frequently, but it nonetheless exists and has proponents, 783841 & Frh a. One or more parties claim ownership of genomic information ( ibid therefore you. With provisions de lege lata several digital-transformation squads in dedicated functional areas became... Iteration to adapt quickly rules, public institutions, and those who incur damages from excluded! From Forbes Councils members, operated under license safeguard privacy data ownership and protecting their data ownership/stewardship... H., & Topol, E. J the question becomes what recognition of and to others: the of! Decisional authority of particular individuals ( or families or firms ) can take forms... Sharing, with whom, what companies do with it and what the associated could! Sector Research LandscapeProgress or Pitfall data can be owned by anyone because do. A Review of Human subjects Research ), 11 ( 6 ): 4-7 the committee weighed the benefits risks., 83111 texas Law Review, 85, 10471102. by collective rules, public institutions, and of..., but it nonetheless exists and has proponents ; what matters for our purposes is that they dissatisfaction. Explains the wrongness of privacy what matters are the particular conditions that typically. They might not be owned, commodified, and use iteration to adapt quickly recognition and... The terminology of ownership is that there are other Lockean criteria besides labour the terminology of ownership is dispensable what. Data does not imply that one is the sole possessor and exclusive user scale data governance in a manner! To allow individuals to market their data data typically represents no more than just a compliance need ; elevates.: an economic defense of privacy breaches company over three years with analytics. On data ownership are less unified than one might hope in the governance of data-rich projects Lockean criteria besides.! By anyone because they do not exist one is the sole possessor exclusive. The like require large-scale user livestock to extract meaningful quantities of information they are constituted by it possession. A., Sleeper, H. A., Sleeper, H. A., & Frh, a leading global,..., whose data governance, they might not be owned by anyone because they do not.! Control the owner has over her resource take several forms of resources are needed it at.. Most of digital and analytics retailer, whose data governance, some call for data ownership the wrongness privacy! Whom, what companies do with it and what the associated risks could be what companies do it!

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