个人数据和身份的财产化.docVIP

THE PROPERTIZATION OF PERSONAL DATA AND IDENTITIES J.E.J. Prins Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Abstract In this article, it is suggested that, although it is all too often argued that vesting a property right in personal data is not in line with the continental, human-rights based approach to privacy, the European system definitely offers room for a property-rights model. Further analysis reveals, however, that there are doubts about whether such an approach would indeed offer the claimed prospects of achieving a higher level of personal data protection. Given developments such as ubiquitous computing, the use of personal data will increasingly occur within, and be structured by, social, economic and institutionalized settings. Thus it is suggested here that data protection mechanisms must be structured along lines of control and visibility in relation to identities, and not be based on ownership of personal data. 1. Introduction During the past decade, many commentators and several organizations (among them the American Civil Liberties Union and the Electronic Frontier Federation) have argued that individuals should receive fair compensation for the use of their personal data. Given the fact that protection of personal data is expensive and in short supply, whereas the collection and use of personal data is wasteful and inefficient, commentators claim that we should consider market-oriented mechanisms based on individual ownership of personal data. In the end, if markets were allowed to function more effectively, there would be less privacy invasion. Many of the arguments that have been put forward in favour of a