In today’s digital environment and the IoT, data is very valuable. Data is already a key component in our everyday lives and is a cornerstone of the digital economy. Because it is a very valuable asset it is important to know, who owns the data?
Databases
Data is often only useful once it ends up in a database. So in any large scale data business or operation, the data will end up in a database very quickly. Copyright law protects the owner of the database. It’s therefore important for you to know who has the right to a database.
But what about ownership of the actual data that comes from a data source? This is machine-generated data that hasn’t been put in a database yet. Who owns this data?
Data generator
If you own the sensor-enabled device that generates the data, you’re going to be able to exploit that data. For example, the weight of a truck measured by sensors on a weighbridge or the number of people entering a shopping mall recorded by a sensor at the entrance.
In order to protect that data stream, you will need to ensure you remain in control of the sensor-enabled device that generates the data. The best way to do this is to own the data generator. That way, you’re entitled to do what you want with it. If you can’t own the data generator you must ensure you have the rights to possess it. You must be able to use and control your access to the data that sensors, machines or equipment generate.
Ownership
The best way to own the data from a data source is to create the sensor or build the machine that generates the data. If you hire a third party to do so, you need to make sure that your agreement clearly defines that you have the title rights to the sensor or machine.
Possession
If you’re not in a position to own the data generator, then the next best option is to have the right to possess and control it. Having a good contract in place between you and the data generator owner is key. It would also be a good idea to remain friendly with the owner, especially if they have the ability to cut your access to the data stream.
Possession is nine-tenths of the law.
Protecting your data
If you already have a data generator, make sure that you put the correct measures in place so that you protect the data stream from unwarranted and unauthorised access.
If your business or organisation is heavily reliant on data, you need to start thinking about protecting your data stream.
