This text is based on Dr Purtova's PhD research at Tilburg Institute for Law Technology and Society. As such, it is a theoretical rather than a practical text. According to the publisher:
'This important new book defends the ground-breaking proposal to ‘propertise’ personal data.‘Propertisation’ arguably improves the position of a data subject to exercise control over his/her personal data by creating more effective tools of accountability and monitoring. It can also be used, the author shows, to enforce existing data protection rights as expressed in the EC Data Protection Directive (1995), Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (1945) and Convention No. 108 (1981).
This book inquires to what extent the propertisation of personal data is legally possible in Europe, and examines what benefits and limitations would ensue. It provides: a systematic understanding of the developments and concerns with regard to personal data; a detailed examination of the main arguments for and against the concept of property in personal data; and a European perspective on property rights in personal data. The result is a book full of original insights that breaks new ground in addressing the problems of personal data in the European law of data protection and informational privacy'.
Dr Purtova concludes that it is impossible to give a simple answer to whether personal data could and should be treated as property. This is because there is a multi-faceted and fluid notion to the concept of property. To that end, she recommends that Europeans should decide what rights they would prefer to have in relation to personal data and then determine whether they have to describe these rights in terms of property or not. After all, what is important is not the property label per se but the content and effect of any such rights.
Bibliographic data: xvi + 296 pages. Hardback. ISBN 9789041138026. Price £89. Rupture factor: minimal. Buy here
Putting a price on personal data: see Alan McKenna's guest katpost here.