The Institutions of Privacy: Data Protection Versus Property Rights to Data

SATS 22 (1):111-129 (2021)
  Copy   BIBTEX

Abstract

This paper investigates the conceptual possibility for, and the institutions relating to a positive right of private property to data. To do so, it distinguishes between structured data, as a designator, and datapoints, which are data embedded in the timeline. The reasoning being explored here is: the agents generating datapoints – he source of the data – have a right to private property to the datapoints they generate. The agents, then, can choose to retain the datapoints or to sell them to data-users, aggregators, etc. Once these data-users render property of data themselves, they can further market it. There are, however, challenges to this view. One is the relative high cost of managing private property to data versus the relative low cost of misappropriating data and datapoints. The other is network effects: more precisely, data created or enriched in networks.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,593

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Robotics, Big Data, Ethics and Data Protection: A Matter of Approach.Nicola Fabiano - 2019 - In Maria Isabel Aldinhas Ferreira, João Silva Sequeira, Gurvinder Singh Virk, Mohammad Osman Tokhi & Endre E. Kadar (eds.), Robotics and Well-Being. Springer Verlag. pp. 79-87.
Privacy and Protection of Marginalized Social Groups.Stephen Kabera Karanja - 2009 - Studies in Ethics, Law, and Technology 2 (3).
Privacy in (mobile) telecommunications services.Jacques Penders - 2004 - Ethics and Information Technology 6 (4):247-260.
Inaccuracy as a privacy-enhancing tool.Gloria González Fuster - 2010 - Ethics and Information Technology 12 (1):87-95.
Privacy by design: delivering the promises. [REVIEW]Peter Hustinx - 2010 - Identity in the Information Society 3 (2):253-255.

Analytics

Added to PP
2021-07-11

Downloads
22 (#606,933)

6 months
2 (#668,348)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

Privacy.Judith DeCew - 2008 - Stanford Encyclopedia of Philosophy.

Add more citations

References found in this work

Natural law, basic goods, and practical reason.Christopher Tollefsen - 2017 - In George Duke & Robert P. George (eds.), The Cambridge companion to natural law jurisprudence. Cambridge University Press.

Add more references