A Pre-Occupation with Possession: the (Non-) Ownership of Personal Data

Abstract

This chapter considers the question of democratic implications of data by looking at the concept of ownership of personal data. This has been suggested as a way of giving citizens control of “their” data and is assumed in European law. However, Macnish and Gauttier argue that there are at best only weak philosophical grounds on which to base this claim, and that the consequences of viewing our relationship with the data that describe us in terms of ownership may turn out to be highly undesirable. Instead they argue that control should be based around custody of data and the potential for harm.