big data ICT
legislation if the relevant individuals can be identified from the data itself. The smaller the number of samples, (or the more unusual the data), the higher the risk. Facebook profiles for instance might give sufficient information to allow someone to guess at the identity of an individual, whether or not a name or photograph is captured.
Breaches of personal data legislation can give rise to fines in various jurisdictions, including the UK. These fines are set to become more severe, with recently passed EU proposals set to increase the maximum to 5% of worldwide group turnover. Anyone looking to collect or make use of big data should therefore make sure that the information gathered is not likely to breach relevant data protection legislation.
Dealing with IP rights and the “Ownership” of Data Even where there is no personal data at stake, the way that that the law treats data is unusual. Whatever rights a contract
might purport to give about the use of data (typically contracts offer very little by way of guarantees where data has been collected from multiple sources), the data itself may attract various layers of intellectual property rights, including copyright protection and database right.. It may be sufficiently confidential to attract rights of confidence and/or be protectable as a trade mark or under the laws of passing off - any of which could give the original author a claim against someone using the data.
If this were not sufficiently complicated, different jurisdictions treat these intellectual property rights differently, meaning that data gathered from different countries may well attract different rights, allowing a French claim for privacy to succeed, where a claim from another jurisdiction might fail.
Again – use of big data, without respecting the IP or confidentiality rights that apply to that data could result in claims from those who first created or compiled it.
Getting the contract right As with any contracts relating to data, the key thing is working out what you’ve got and what you can use it for. Can the data you hold be used for a particular purpose, within a particular territory or sector?
Can it be combined with other data, licensed to third parties, used for a certain time only? Must it be returned on termination and (key if you’re seeking a competitive advantage) are there any restrictions preventing it from being licensed to others in the sector?
As you’d expect for data compiled from multiple sources, no warranties are typically given in respect of accuracy or reliability of the data or any conclusions reached as a result of its analysis – but being clear about the rights that have been considered in the collection of the data should put users in a better position to exploit the advantage of new technologies in the sector and to make the “big” differentiating changes that big data promises.
Breaches of personal data legislation can give rise to fines in various jurisdictions, including the UK. These fines are set to become more severe, with recently passed EU proposals set to increase the maximum to 5% of
worldwide group turnover. Anyone looking to collect or make use of big data should therefore make sure that the information gathered is not likely to breach relevant data protection legislation
May 2014 I
www.dcsuk.info 53
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56