Persons and their data: Leveraging proprietary experiences in support of the right to privacy

Description

This contribution aims to bridge the gap between the law of property and the law of data protection by re-examining the relationship between data subjects and data controllers. The question at heart is how the law of property can be leveraged to protect the interests of a data subjects, and strengthen the practical functioning of data protection law. We explore the link between a person and their data from the perspectives of European data protection law and private law. By analysing the perspectives that these fields of law take, we aim to explore a more fundamental question about the nature of these legal fields. The underlying aim of this paper is thus to determine if the thinking that has developed in the domain of private law on data ownership, can be used to augment developments in data protection law. Specifically, we anticipate that the considerations underlying data ownership will support the concept of informational self-determination.

We believe that this research contributes to current policy developments, as well as to the academic debate on data ownership. First and foremost, because both the European and English legislature are currently updating the rules on use, exploitation, and protection of data. The European Commission is executing its European Strategy for Data and the Data Act is currently in its first reading in the European Parliament. Similarly, in the UK the Data Protection and Digital Information Bill (No. 2) is currently moving through the House of Commons. These developments illustrate how timely these concerns are.

Moreover, this research contributes to the proprietary debate on data ownership by introducing lessons from the law of data protection, and vice versa. This transdisciplinary approach allows new insights and original answers in a debate that has been raging since the late seventies and, in light of technology, policy, and business developments, is more relevant than ever. Our approach allows for nuanced and practical insights, all while taking an international perspective that mirrors the international character of the data streams under investigation.

Period	15-Sept-2023
Event title	Digital Legal Talks
Event type	Conference
Conference number	2023
Location	Utrecht, NetherlandsShow on map
Degree of Recognition	National