Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights

This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on...

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Main Author: Nataliia Filatova-Bilous
Format: Article
Language:deu
Published: Vilnius University Press 2022-09-01
Series:Teisė
Subjects:
Online Access:https://www.journals.vu.lt/teise/article/view/29445
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author Nataliia Filatova-Bilous
author_facet Nataliia Filatova-Bilous
author_sort Nataliia Filatova-Bilous
collection DOAJ
description This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced.
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spelling doaj.art-78f0852a1267494ea722e29ca8c54a732022-12-22T03:22:02ZdeuVilnius University PressTeisė1392-12742424-60502022-09-0112410.15388/Teise.2022.124.4Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive RightsNataliia Filatova-Bilous0Yaroslav Mudryi National Law University, Ukraine This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced. https://www.journals.vu.lt/teise/article/view/29445personal dataBig datamasses of datacommodification of datatheory of propertization of dataproperty right
spellingShingle Nataliia Filatova-Bilous
Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
Teisė
personal data
Big data
masses of data
commodification of data
theory of propertization of data
property right
title Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
title_full Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
title_fullStr Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
title_full_unstemmed Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
title_short Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
title_sort data as a tradeable commodity propertization vs the concept of exclusive rights
topic personal data
Big data
masses of data
commodification of data
theory of propertization of data
property right
url https://www.journals.vu.lt/teise/article/view/29445
work_keys_str_mv AT nataliiafilatovabilous dataasatradeablecommoditypropertizationvstheconceptofexclusiverights