Can personal data be owned?

Daniel Puchert

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Who owns people's private data in South Africa

In today’s digital economy, data is the most valuable asset — it’s often referred to as “the new oil”. Whether in commerce, research, or social interactions, the ability to generate, use and trade with data is central to economic competitiveness.

If data ownership is not clearly established, it could stifle innovation and investment. Companies require legal certainty to operate effectively in a knowledge-driven economy.
 
In today's digital economy? Information has always been at the top of the game. The more that can be extracted from it, the higher its worth. I do disagree with some of the findings. We should look into Europe's strong data protection laws regarding data fluidity. I do find it spectacular that China is used as an example since the state and business are cooperative. In some ways, data for them is a security element.

Just to quote from that link in the article:

As a new production factor, data is the foundation of digitalization, networking, and intelligence. It has been rapidly integrated into various links such as production, distribution, circulation, consumption, and social service management, profoundly changing the mode of production, lifestyle, and social governance.The construction of the data infrastructure system is related to the overall situation of national development and security.

That is just the preamble of the opinion.

Generally, the protection of data in regard to a person is badly protected. Even where information is confidential and under strict conditions, it is for perusal and further processing.

There are way too many tricks to get around regulations. A framework, or a guideline, is just that: open to interpretation, and hence can be maneuvered for a purpose. I see this in marketing all the time.

If there is a breach, the breach is never owned. Usually, it is shifted to being a compromise or a system error. Only if there is evidence is it usually followed by a slap on the wrist.

Also, there is nothing quite like promoting the sharing of data to enhance the security of services... I frequently encounter this in privacy policies across the board. Many privacy policies are generic (and there is no real compliance). The same as with other legals. It is just there for the sake of legitimacy (and compliance), even if it is false. The user has no idea how their data is protected, how it is shared, and with whom it is shared.

We can consent today to something, and tomorrow, what we consented to is adjusted. In my opinion, GDPR provides stronger protection in this regard. I have a stack of POPIA forms here, and some of them make for an interesting read. They are essentially protection orders against clients facing exploitative situations who are challenging those who handled their data.

I often see data that should be protected not being managed by the identified data controllers.

Eh, I can rant on this all day long.
 
Its simple really...

The data subject owns it by default. During interaction the data subject gives the data generator the right to use (limited). Any data generated during that interaction is shared ownership.

For an object to be capable of being owned, it must be valuable, useful, and – importantly – capable of human control.
BS. I own the dog schit lying in my yard. Nothing to do with value, usefullness or control. It is the owner that decides all of that anyway he pleases, after the fact.
A bottle of water meets these criteria, but the vast oceans do not, as they are not within human control.
Nonsense. You do not own or can't own the ocean so stop with the bs.

Ownership is always limited by other legal rules. For example, while I might own a car, I cannot drive it in any way I like — I must obey the rules of the road.
BS. That is not a limitation of your ownership of the thing, but of the road. The road is not owned by you alone and therefor you must obey the rules of the road. Its not your ownership that being limited here, but where you want to use that.

You own land, you can go drive on it any you like, and with no license...why? Because of ownership of the road/land.

This guy keeps bringing up this silly irrelevant arguments to confuse you.
 
You are the product. Your privacy was already taken from you. You just havent realized it yet.
Ownership and privacy is 2 different things.

Privacy was not taken from you... you gave it up.
 
To trade or sell something, one has to own it.

You cannot grab someone else's property and sell it, that is theft and fraud, at least.
 
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