نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
with the expansion of digital tools and the emergence of a data-driven economy, the concept of “data ownership” has become one of the major challenges in technology law. The widespread presence of platforms, technology companies, and new business models has raised fundamental questions regarding the possibility, scope, and legitimacy of owning data. Meanwhile, the emergence of advanced technologies such as generative artificial intelligence has further highlighted the central role of data as a vital resource in the digital economy and sparked new debates concerning the rightful claimants to data ownership.
This article seeks to provide an analytical framework for identifying the "data owner" by distinguishing between personal and non-personal data. Based on the degree of connection between the data and the data subject, it proposes a three-tier conceptual level: strongly-related, moderately-related, and weakly-related data. This categorization allows for a more precise analysis of the legitimacy of ownership claims over data.
The article aims to provide a clearer conceptual picture of the "data owner" by examining the status of data owner in Iran, drawing on legal and economic perspectives, and leveraging the experience of the European Union —an understanding that can serve as a useful basis for future policymaking and legislation. In the absence of comprehensive data protection laws in Iran, this study may offer an initial perspective for analyzing the notion of data ownership within the domestic legal system and serve as a foundation for further applied research.
کلیدواژهها English