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Legal Responses to the Commodification of Personal Data in the Era of Big Data: The Paradigm Shift From Data Protection Towards Data Ownership
Abstract
Big Data is a relatively recent phenomenon, but has already shown its potential to drastically alter the relationship between businesses, individuals, and governments. Many organisations now control vast amounts of raw data, and those industry players with the resources to mine that data to create new information have a significant advantage in the big data market. The aim of this chapter is to identify the legal grounds for the ownership of big data: who legally owns the petabytes and exabytes of information created daily? Does this belong to the users, the data analysts, or to the data brokers and various infomediaries? The chapter presents a succinct overview of the legal ownership of big data by examining the key players in control of the information at each stage of processing of big data. It then moves on to describe the current legislative framework with regard to data protection and concludes in additional techno-legal solutions offered to complement the law of big data in this respect.
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