Who Owns the Data, and Is That Even the Right Question?
| Autor: | Maurice E. Stucke |
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| Rok vydání: | 2022 |
| Předmět: | |
| DOI: | 10.1093/oso/9780197617601.003.0005 |
| Popis: | This chapter explores whether property law is the proper legal framework to address toxic competition and the abuses by data-opolies. It reviews a long debate in the United States as to whether to frame privacy in terms of market-based solutions versus viewing privacy as a fundamental, inalienable right. It also examines how data-opolies can game the system, regardless of which approach—property-based or fundamental rights—the jurisdiction relies upon. The chapter highlights multiple shortcomings of a market-based approach to privacy. It notes how the “Own Your Own Data Act” and other proposed legislation that clarifies that individuals own their personal data neither serves as protection from data-opolies nor toxic competition. |
| Databáze: | OpenAIRE |
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