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Data Ownership
Data Ownership

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!!! Overview
[{$pagename}] within the digital world has a high degree of [Complexity]
[Data] [Ownership] is not just about the [data] but also about how [data] is used.
%%information
The seemingly simple question "''If [Alice] takes a [photograph] of [Bob], who owns the [Photograph]?''"
%%
Suddenly becomes complex.
[{$pagename}] is often used within the [context] of [Personal data]
The [Data Origin] may need to share [{$pagename}] with the distribution chain of the [data].
The first step toward open information markets is to give people [{$pagename}]. The simplest approach to defining what it means to "own your own [data]" is to go back to Old English Common Law for the three basic tenets of ownership, which are the rights of:
* [possession|Possession Factor]: You have a right to possess your [data]. Companies should adopt the role of a Swiss bank account for your [data]. You open an account ([anonymously|anonymous], if possible), and you can remove your [data] whenever you’d like.
* use: You, the data owner, must have full control over the use of your [data]. If you’re not happy with the way a company uses your [data], you can remove it. All of it. Everything must be opt-in, and not only clearly explained in plain language, but with regular reminders that you have the option to opt out.
* [disposal|Data Disposal]: You have a right to dispose or distribute your [data]. If you want to destroy it or remove it and redeploy it elsewhere, it is your call.
[{$pagename}] refers to both the possession of and [responsibility] for [information|Data].
!! [Data] [Ownership] is different
When you sell an "Real" [property|Resource], like a car, it is no longer yours. The new buyer can do anything they want with it and it will not affect you. [Personal data] is always going to be about you and the way your [Personal data] used will always matter to you.
This means normal property rights, or [ownership], is generally no a useful way of thinking about the [relationship] between you and your [Personal data] about you. You need to always have [rights] about what is done with your [Personal data].
[{$pagename}] is also different as it only has [Data Valuation] when it is being used. Once a user leaves a site, or is deceased, then the [Data Valuation] is reduced.
!! [{$pagename}] Is Still New [1]
There's just one little niggle with this [ownership] contract of ours: it was never designed to account for [data]. Historically speaking, the idea of even owning [data] is relatively new. The earliest [copyright] laws—which granted the [Data Origin] of a work exclusive rights to duplication and distribution of said work—first appeared in the early 18th century. It would still be hundreds of years, however, before the concept of "[data]" as we understand it even began to develop.
[Ownership] implies power as well as [control]. The [control] of [information|data] includes not just the ability to [access], [create], [update], package, derive benefit from, sell or [delete] [data], but also the right to [delegate|Delegation] these [privileges] to others (Loshin, [2002|Year 2002]).
Implicit in having [control] over [access] to [data] is the ability to [delegate|Delegation] [data] with colleagues that promote advancement in a field of investigation (the notable exception to the unqualified sharing of [data] would be research involving human subjects). Scofield ([1998|Year 1998]) suggest replacing the term '[ownership]' with 'stewardship', "because it implies a broader [responsibility] where the user must consider the consequences of making changes over 'his' [data]".
According to Garner ([1999|Year 1999]), individuals having [Intellectual Property] have [Intellectual Property Rights] to control intangible objects that are products of human intellect. The range of these products encompasses the fields of art, industry, and science. Research [data] is recognized as a form of [Intellectual Property] and subject to protection by [U.S. law|United States Federal Law].
!! Paradigm of Ownership [2]
[David Loshin|https://knowledgeintegrity.wordpress.com/management/ |target='_blank'], in his book [Enterprise knowledge management: The data quality approach . Morgan Kaufmann, 2001|https://books.google.com/books/about/Enterprise_Knowledge_Management.html?id=3BXTfCtR8zsC|target='_blank'], described what he called the Paradigm of [Ownership] not with the intent of establishing who the legitimate [{$pagename}] should be, but to accent the complexity of [ownership] issues and to identify the list of parties laying a potential claim to [data]:
* [Creator|Data Origin] ([Data Origin]) – The party that creates or generate [data]
* [consumers|Consumer of services] – The party that uses the [data] owns the [data]
* [Compiler|data aggregator] ([data aggregator]) - This is the [entity] that selects and compiles information from different information sources
* [Enterprise|Organizational Entity] ([Organizational Entity]) - All [data] that enters the [Organizational Entity] or is created within the [Organizational Entity] is completely owned by the [Organizational Entity] (more in [Law of agency])
* Funder - the user that commissions the [data] creation claims ownership
* Decoder - In environments where information is "locked" inside particular encoded formats, the party that can unlock the information becomes an owner of that information ([Data Processor])
* Packager ([Data Processor]) - the party that collects information for a particular use and adds value through formatting the information for a particular market or set of [consumers|Consumer of services]
* Reader as owner - the value of any [data] that can be [read] is subsumed by the reader and, therefore, the reader gains value through adding that [data] to a [data] [repository]
* [Subject|Data subject] as owner - the [Data subject] of the [data] claims [ownership] of that [data], mostly in reaction to another party claiming [ownership] of the same [data]
* Purchaser/Licenser as Owner – the individual or organization that buys or [licenses] [data] may stake a claim to [ownership]
These parties are generally considered the [Data Provenance]
All of these [Entities] are at least [Stakeholders] in the [data].
!! [Copyright]
In the copyright law of the [United States], a work made for hire ([law of agency]) is a work subject to [copyright] that is created by an [employee] as part of their job, or some limited types of works for which all parties agree in writing to the [Work For Hire] designation. If a work is covered by [law of agency], [Legal Person] serving as an [employer] __not the [employee]__ is considered the legal [Data Origin].
!! Redefining [{$pagename}][3]
[Data] is undeniably one of the world’s most valuable asset, and yet there lacks a clear definition of [{$pagename}] and an even less of a clear [framework] for claiming and protecting rights of [ownership] over this asset. Some define [{$pagename}] as having the right to [control] [data] and [claim] the profits generated from the [data]. The __challenge__ is that since [data] can be easily copied by anyone, they could hold the same control over the data as the original owner.
It is extremely difficult to clearly assert ownership and defend your rights as the legitimate owner of the [data]. Current solutions in the market for “secure” [data] exchange between two parties often rely on a [trusted|Trust] [Third-party], such as a [data] [Centralized Exchange]. However, these “trusted” [Third-party] are profit-maximizing organizations with their own agendas, and are storing [data] in the absence of [authorization], neglecting [data] [privacy], and even engaging in [data] fraud.
!! An [Example] for [{$pagename}]
You own a [Mobile Device] that track your steps. Sure, the steps are yours, but the:
* technology used to calculate your steps was developed or [License]d to the [Entity] that made the watch.
* The app that displays the trends for your steps may be put in a [DataStore] by an [Application] owned by yet another [entity]
You use the phone and the [Application] without paying for the Technology for calculating steps nor do you pay for the other [Application] for the [DataStore] costs. So currently, you are exchanging your Step [Data] for the free use of the technology and [DataStore].
Would you be willing to pay to store the Step [data]?
!! Everything is Amazing, But Nothing is Ours
''We love services. [Services] [free|Royalty-free] us to be pure consumers, seeking exactly what we want for as little [friction] and overhead as possible. So long as everything works, trading ownership for access is an attractive deal: everything under the hood just gets magic-ed away, and provided for us as a [service]. No files, no updates, no maintenance; just [access].''
!! Other Interesting Links
* [Who Owns the Data]
* [Who Owns Your Data?|https://flipboard.com/@jwilleke/who-owns-your-data%3F-gq6gl0mby|target='_blank']
* [Who will own the data from your autonomous car?|https://nakedsecurity.sophos.com/2017/08/16/who-will-own-the-data-from-your-autonomous-car/ |target='_blank']
* [WHO OWNS INFORMATION?|http://cdn.ttgtmedia.com/searchDataManagement/downloads/LoshinEnterprisech2.pdf|target='_blank']
!! More Information
There might be more information for this subject on one of the following:
[{ReferringPagesPlugin before='*' after='\n' }]
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* [#1] - [Data Ownership|https://ori.hhs.gov/education/products/n_illinois_u/datamanagement/dotopic.html|target='_blank'] - based on information obtained 2017-07-27-
* [#2] - [Paradigm of Ownership|https://books.google.com/books/about/Enterprise_Knowledge_Management.html?id=3BXTfCtR8zsC|target='_blank']
* [#3] - [Redefining The Meaning of Data Ownership|https://openledger.info/media/lorem-ipsum-dolor-sit-amet-headline-5/|target='_blank'] - based on information obtained 2018-05-13-
* [#4] - [Does this data belong to me?|https://theodi.org/article/explainer-what-is-personal-data-and-how-can-i-control-how-is-it-shared/|target='_blank'] - based on information obtained 2018-10-04-
* [#5] - [The future of the decentralized web|https://medium.com/berkman-klein-center/the-future-of-the-decentralized-web-707915f12360|target='_blank'] - based on information obtained 2019-09-23
* [#6] - [Enterprise Knowledge Management: The Data Quality Approach|https://books.google.com/books/about/Enterprise_Knowledge_Management.html?id=3BXTfCtR8zsC|target='_blank'] - based on information obtained 2019-10-26
* [#7] - [Everything is Amazing, But Nothing is Ours|https://alexdanco.com/2019/10/26/everything-is-amazing-but-nothing-is-ours/|target='_blank'] - based on information obtained 2019-11-04
This page (revision-1) was last changed on 29-Nov-2024 16:16 by UnknownAuthorTop