An Expectations Based Privacy Framework for Management of Personal Data as a Common Resource

Abstract

Personal data shared with third parties functions as joint property and has many inherent expectations. Some of these expectations are based on why and where the data was collected. Recently, however, the uses for collected data often exceed the expectations of the parties that provided the data. This exploitation is similar to exploitation of the commons and can have similar solutions. This paper outlines how common resource management regimes can be used in the privacy law sphere. It then summarizes some of the sources of personal data providers' expectations as informed by fourth amendment law. Finally the paper looks at sources of law and best practices for implementing a common resource management approach to personal data management.