Fezer, K.-H.Representative data ownership – A civil right

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Karl-Heinz Fezer

Release date:
April 2018

Konrad Adenauer Foundation, study on the subject of 'Introducing a special right to data'

The economic potential of data can only be tapped if it is socially recognized as an asset and can be used in a clear legal framework. Both aspects are part of a political, economic and legal discussion.

One of the key elements of the European Commission's Strategy Paper 'Building the European Data Economy', which addresses restrictions on the free data movement, is access to and reuse of non-personal data. As a political entity, the Konrad Adenauer Foundation aims to use the present study on a data law, in line with the principles of the social market economy, to discuss potentially cross-sectoral legal concepts that facilitate the assignment of rights for access, use and reuse of digital data. Apart from data that can be clearly categorized as open data, the separation between personal and non-personal data for the specific question of this study after the introduction of a special right to data with a property-like effect seems hardly possible. For instance, even though the sensor data in the smart home environment does not result from any particular creative act, the data output depends significantly on human participation.

Link to publication