ВЪЗГЛЕДЪТ ЗА ИЗКЛЮЧИТЕЛЕН КОНТРОЛ ВЪРХУ ЦИФРОВИТЕ ДАННИ: НЯКОЛКО РАЗМИШЛЕНИЯ ПО ТЕМАТА
THE VIEW OF EXCLUSIVE CONTROL OVER DIGITAL DATA: A FEW THOUGHTS ON THE TOPIC

Summary/Abstract: The procedural approach to the right of property evolved into a more material understanding in the Middle Ages. However, recourse to the concept of ownership for intellectual property rights tended above all to establish the exclusivity of certain prerogatives. It is the same issue that drives the reflections around the control of digital data. In Swiss law, the legislator has given a partial answer by creating rights-values. This approach more procedural than material makes it possible to confer good protection on these registered rights. This is also the case for cryptocurrencies, whose status indirectly recognized by the rules of debt collection and FINMA gives useful prerogatives to their holder. For unregistered data, in particular those generated by objects connected or social networks, we must distinguish two aspects. For the information contained in the semantic level, the rules which tend to protect the data content are sufficient (intellectual property, protection of data or other protections). For the metadata, necessary for the data mining, it is necessary to analyze the access rights of those who participated in the creation of this co-generated data. At the very least, during significant contribution, the „cogenerator“ must have access to the results of the accumulation of these metadata and being able to obtain a share of the resulting economic benefit. We can then conceptualize these procedural rights (right of access, right to benefit of the result) as a procedural aspect of the right of a „digital property“ (Dateneigentum).

• Details
• Contents