Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights
Articles
Nataliia Filatova-Bilous
Yaroslav Mudryi National Law University, Ukraine
Published 2022-09-29
https://doi.org/10.15388/Teise.2022.124.4
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Keywords

personal data
Big data
masses of data
commodification of data
theory of propertization of data
property right

How to Cite

Filatova-Bilous, N. (2022) “Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights”, Teisė, 124, pp. 55–66. doi:10.15388/Teise.2022.124.4.

Abstract

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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