Thursday, April 5, 2012

Who Owns the Data


Data ownership is a debatable subject and there are advocates for different points of view, in my personal opinion, the data owner is not a single person or single entity, but the data subject owns the data as long as he didn’t share it, the moment he shares the data, he shares ownership of the data. Data can be shared in different ways and for different reasons, and the organization, entity or person who the data subject shared his data with, owns the data in the matters accepted by the original data owner.

We share our credit card information with retail websites like amazon, but we don’t transfer ownership of the credit card to this website, but we accept the right for amazon to save our credit card information for later use. The relationship between the data subject and data custodian should be accepted by both parties and protected by laws or contracts. Wamsley in 2008 mentioned tat protection for data transmitted over the Internet is little under the federal Electronic Communications Privacy Act, and the property law fails to protect the data as its is not a property, as well privacy law protects the personal privacy and not information, for that he suggested that contract law may be able to protect the data, although he thinks its not easy as it requires lots of contracts. A reputation for a company or organization in the Internet world is the key to good revenue as if a company gains consumers trust; they will benefit and secure business (Wamsley, 2008). When we register with any Internet organization or company we accept privacy condition, and I see that as the contract to protect my personal data, if the privacy contract mentions that they have the right to transfer the data and I accept it, then I transferred my ownership of the data and shared it with them.

In the case of medical records, I believe that the individual is the owner of the data, but the hospital has the right to use it for research and the right to share it with insurance companies, doctors may benefit by sharing my medical history with other doctors as they will gain more experience and may as well find a cure for me, as well insurance companies pay by bill, they have the right to understand my case and check if I am eligible or not.

Data owner should protect the data, secure it and secure the medium in which the data is maintained, no one can secure data which is not under his control, organizations holding data within the their databases, maintaining securing and archiving it, shares ownership of the data with the data subject and should respect privacy laws and contracts if any.

References:

Blei, A. T. (2004), Who owns the data?. Hepatology, 40: 1237. doi: 10.1002/hep.20521

Wamsley, C., (2008), 'INTERNET TRANSMISSIONS: WHO OWNS THE DATA AND WHO PROTECTS IT?', Journal of Internet Law, 11, 8, pp. 3-12, Computers & Applied Sciences Complete, EBSCOhost,



Sangani, KK (2010), 'Who owns your personal data?', Engineering & Technology (17509637), 5, 11, pp. 28-29, Computers & Applied Sciences Complete, EBSCOhost,
(Accessed 20 March 2011)

Gibbs, M 2009, 'Owning your own data', Network World, 26, 13, p. 38, Computers & Applied Sciences Complete, EBSCOhost,

Tremblay, AC (2008), 'Data May Be King, But Who Owns It? (cover story)', National Underwriter / Property & Casualty Risk & Benefits Management, 112, 33, pp. 49-53, Business Source Premier, EBSCOhost,



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