Data created by the internet of things: the new gold without ownership?
| Autor | Thomas J. Farkas |
| Cargo | Dr. Thomas. J. Farkas, LL.M. (London), Visiting Industry Senior Lecturer, Queen Mary University of London. Private Practice at Eversheds Sutherland, Senior Lecturer at Queen Mary University of London (Londres, Reino Unido) |
| Páginas | 1-13 |
5
tha j. faka*
Introduction
Today, data1 is more important than ever. It has become an asset with a big financial
impact.2 The way people handle their data and their scepticism towards the use
has also seen some significant changes. Back in 1983, the German government has
planned a census. Government officials were supposed to visit the public to collect
their data. Amongst others, the data relevant for the census included information
about their religious beliefs and their employment. After several constitutional
complaints, the German Federal Constitutional Court held that the collection,
the use and the transfer of the data was violating several fundamental rights, inter
alia the right of informational self-determination.3 This can be seen as an example
where the public successfully defended the use of their data. This attitude has
somewhat changed. Especially on internet platforms and social media, people
share their lunches, holiday locations, family pictures, their employment details as
well as political and religious beliefs. With the extensive use of the internet, where
people can perform almost any transaction and which “never forgets”, society has
become more transparent than ever. Also, there is more data being created than
*
Dr. Thomas. J. Farkas, LL.M. (London), Visiting Industry Senior Lecturer, Queen Mary
University of London. Private Practice at Eversheds Sutherland, Senior Lecturer at Queen
Mary University of London (Londres, Reino Unido). email:
thomasfarkas@eversheds-sutherland.
com
Fecha de recepción: 2 de marzo de 2017. Fecha de aceptación: 4 de abril de 2017.
Para citar el artículo: Farkas, Th. J. “Data created by the Internet of Things: The new
gold without ownership?”, Revista La Propiedad Inmaterial n.º 23, Universidad Externado
de Colombia, enero-junio 2017, pp. 5-17. doi: https://doi.org/10.18601/16571959.n23.01
1 According to the standard iso/iec 2382:2015(en) - Information technology, “data”
is defined as “reinterpretable representation of information in a formalized manner suit-
able for communication, interpretation, or processing”, available on:
https://www.iso.org/
obp/ui/#iso:std:63598:en
, lastly visited on 4 January 2017.
2 See e.g. H. Baldwin in Forbes magazine, “Drilling into the value of Data”, available at
http://www.forbes.com/sites/howardbaldwin/2015/03/23/drilling-into-the-value-of-data/#edc79a287223
,
lastly visited 27 January 2017.
3 German Federal Constitutional Court BVerfG, judgment of 15 December 1983, Az. 1
BvR 209, 269, 362, 420, 440, 484/83.
dt ceted by the intenet
of thing: the new god
without ownehi?
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