Resumen
The widespread use of data presents significant managerial challenges, particularly when
this information is legally protected. Privacy regulations mandate the rightsholder’s prior,
explicit, and informed consent if the processed asset is personal data. However, when there
is a large amount of data with dispersed rightsholders, this legal task incurs high transaction
costs. Collective governance models like data trust offer a potential solution. While this
managerial model is rooted in the Anglo-Saxon trust, it deals with an intangible asset
distinct from the traditional trust objects. It involves personal rights that are essentially
inalienable in general. Therefore, negotiating personal rights through an economic scheme
involves complex incentives and cost-benefit trade-off problems, presenting economic
inefficiencies. Trust and privacy regulations, while important, are limited frameworks in
this context. However, the copyright system can complement and reconcile the legal nature
of the collectively managed rights over intangible assets. This cross-disciplinary research
proposes migrating data trust agreements to data collective management entities, combining
legal dogmatic and economic approaches with systems thinking methodologies. This
proposal offers an integrated and diverse perspective for ongoing academic discussions and
future legislation and public policies in the field, potentially leading to more efficient and
sustainable data governance and information management.
this information is legally protected. Privacy regulations mandate the rightsholder’s prior,
explicit, and informed consent if the processed asset is personal data. However, when there
is a large amount of data with dispersed rightsholders, this legal task incurs high transaction
costs. Collective governance models like data trust offer a potential solution. While this
managerial model is rooted in the Anglo-Saxon trust, it deals with an intangible asset
distinct from the traditional trust objects. It involves personal rights that are essentially
inalienable in general. Therefore, negotiating personal rights through an economic scheme
involves complex incentives and cost-benefit trade-off problems, presenting economic
inefficiencies. Trust and privacy regulations, while important, are limited frameworks in
this context. However, the copyright system can complement and reconcile the legal nature
of the collectively managed rights over intangible assets. This cross-disciplinary research
proposes migrating data trust agreements to data collective management entities, combining
legal dogmatic and economic approaches with systems thinking methodologies. This
proposal offers an integrated and diverse perspective for ongoing academic discussions and
future legislation and public policies in the field, potentially leading to more efficient and
sustainable data governance and information management.
Idioma original | Español (Colombia) |
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Título de la publicación alojada | Data trust for personal data: From trusts to collective management organisations |
Estado | Publicada - 9 jul. 2024 |
Evento | Society for Open Innovation - Duración: 9 abr. 2007 → 12 ene. 2025 |
Conferencia
Conferencia | Society for Open Innovation |
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Título abreviado | SOI |
Período | 9/04/07 → 12/01/25 |