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,
http://web.ebscohost.com.ezproxy.liv.ac.uk/ehost/detail?sid=03898949-3eeb-4b3a-85c4-7009e9590e99%40sessionmgr12&vid=1&hid=24&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#db=iih&AN=28691705 (Accessed 20 March 2011)
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,
http://web.ebscohost.com.ezproxy.liv.ac.uk/ehost/detail?sid=7cd65ff7-fb7d-46d8-b5b7-c75df7e164f7%40sessionmgr10&vid=1&hid=24&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#db=iih&AN=37581900 (Accessed 20 March 2011)
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,
http://web.ebscohost.com.ezproxy.liv.ac.uk/ehost/detail?sid=0d7be92d-c1c6-428d-a43c-cc95b30d828f%40sessionmgr15&vid=1&hid=24&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#db=buh&AN=34367059 (Accessed 20 March 2011)
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