Data Ownership and Consumer Protection

Journal of European Consumer and Market Law 2018/4, p. 136-140.

Tilburg Private Law Working Paper Series No. 9/2018

11 Pages Posted: 17 May 2018 Last revised: 2 Nov 2018

Date Written: May 3, 2018

Abstract

The possibility of ownership of data, or data property, is denied by most legal scholars. However, on closer inspection there exists an actual form of control over data files (instead of the information as such), which allows a limited recognition of property of data files. It is argued that this form of data ownership needs to be recognised. This is first shown by comparative research into the remedy of reclaiming data. Secondly it is argued that data ownership allows a more precise analysis of the practice of data harvesting, by showing that data ownership does not include ownership of licensed copies of data files.

Keywords: data ownership, property, tort of conversion of data, data harvesting

Suggested Citation

Tjong Tjin Tai, Eric, Data Ownership and Consumer Protection (May 3, 2018). Journal of European Consumer and Market Law 2018/4, p. 136-140., Tilburg Private Law Working Paper Series No. 9/2018, Available at SSRN: https://ssrn.com/abstract=3172725 or http://dx.doi.org/10.2139/ssrn.3172725

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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