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A Noxious Market for Personal Data. (arXiv:2001.00457v1 [cs.OH])

(Submitted on 12 Dec 2019)

Abstract: Many policymakers, academics and governments have advocated for exchangeable
property rights over information as it presents a market solution to what could
be considered a market failure. Particularly in jurisdictions such as Africa,
Asia or South America, where weaker legal protections and fleeting regulatory
enforcement leaves data subjects vulnerable or exploited regardless of the
outcome. We argue that whether we could achieve this personal data economy in
which individuals have ownership rights akin to property rights over their data
should be approached with caution as a solution to ensuring individuals have
agency over their data across different legal landscapes. We present an
objection to the use of property rights, a market solution, due to the
textit{noxious} nature of personal data – which is founded on Satz and
Sandel’s objection to markets.

Submission history

From: Abdul Abdulrahim [view email]

[v1]
Thu, 12 Dec 2019 05:05:06 UTC (16 KB)

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