Data ownership and consumer protection

Abstract

The possibility of ownership of data, or data property, is denied by most legal scholars. However, on closer inspection there exists an actual form of control over data files (instead of the information as such), which allows a limited recognition of property of data files. It is argued that this form of data ownership needs to be recognised. This is first shown by comparative research into the remedy of reclaiming data. Secondly it is argued that data ownership allows a more precise analysis of the practice of data harvesting, by showing that data ownership does not include ownership of licensed copies of data files.