경제적 이익을 창출하는 데이터의 활용과 재산적 권리

Abstract

Car rental companies are earning revenue by selling driving data and transforming into mobility companies that collect data beyond the car rental business. The paradigm shift in the economy and society has already begun with the convergence of disparate sciences and technologies, aiming to create new businesses that combine existing industries and data in the digital transformation. All government ministries are calling for a paradigm shift in the digital transformation for economic and social development, and the keyword mentioned for this is the analysis and utilization of data. In recent years, the amount of data generated by humans and objects has increased exponentially, and it is clear utilizing data to unleash the social and economic potential of data will greatly help economic development. However, when it comes to harnessing the economic utility value of data, there is a need to discuss who has the right to the data and how the benefits should be distributed. It is not clear who owns the data and how it will be protected, not only for data generated by individuals but also for data collected by machines or online services. On the one hand, data should be freely circulated to create economic value, and on the other hand, it contains objects that need to be protected, such as personal information and intellectual property, and the value of reuse and utilization of collected data is great, but since aggregated data is concentrated in a few giant companies, legal, institutional, and technical measures are needed to utilize data fairly.
 Data is produced by a variety of entities, and in some cases, the entity that produces the data and the entity that has the right to process the data are separated. Depending on the type of data, personal information, which emphasizes the control of the information subject, non-personal information, which is de-identified, and data collected from products have different characteristics. However, in this paper, I have attempted to approach each data as an object of property rights under the premise of recognizing its economic value. In the case of personal information, which is considered to be subject to protection, the effect of strengthening the control of the information subject can be expected when it is recognized as a subject of transaction, and in the case of other industrial data, it is necessary to clarify the right to profit sharing for the creation of economic value. The EU data law takes a contractual approach to the allocation of data, an important resource in the digital economy. We hope that the EU Data Act will help us to refine our legislation, and we should continue to seek ways to promote the fair and safe use of data and revitalize the data economy.