Abstract
Data has little inherent value. Data value is derived not by what it is, but by what can be done to create value with it and then endurably capture that value by denying others the ability to do those things while not also exciting regulatory intervention that strips value. Possible value depleting interventions include enforcement of competition (antirust) laws, statutory creation of new ‘consumer rights’ over data, and enforcement by individuals of rights of access to, or portability of, personal information about them as held by businesses. This paper considers how data value arises and is captured by data custodians and how 'data ownership' and good stewardship of data often conflict.
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