Anshika Tyagi, B.A.LL.B (Hons.) at Maharashtra National Law University, Mumbai
ABSTRACT
Due to the technological revolution, where personal data is being used and abused more and more, data subjects require the protection of such rights. Data are a crucial part of production and distribution in the market supply chain of adigital economy; therefore, restrictions on data collecting, its storage, and use will significantly impact market power concentration and competition. Market players with dominant market position are prohibited from abusing their position through competition policy. The evolving characteristics of personal data as it leaves the creator and enters databases and files under the control of those who gather and use personal information cause certain concerns, which require some changes in the regulatory framework of managing and protecting such data. This article also briefly mentions about the threats arising from IP addresses and how some companies are dealing with it with the help of IP cloaking to protect the inaccurate sharing of their data. Such instances further point to the larger threat that an individual’s personal threat is bound to face in the light of technological advancements not only in protecting data but also in collecting and sharing data with the advent of AI. As known that personal data of individuals have become a corporate asset to achieve some competitive edge in the market, consideration should be given to personal data as the original intellectual property of the individual without whom the data would not exist. Later, under what is referred to co-ownership arrangements, such personal information is frequently combined with the property rights of others. A key question is how intellectual property like personal data could be secured in such co-ownership arrangements. The question is whether make IP protections are necessary in giving individuals the required protection of their private space. One advantage of granting IP rights over personal information is that it helps to enhance both the law on data protection and the control and protection of the data subjects over their own personal information. However, given the nature of personal data distinct from other already existing intellectual property, the IP framework might face some challenges in accommodating personal data as a part of its domain.
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