The Shutdown of Virtual Platforms, the Necessity of Analyzing the System Governing Personal Data from the Perspective of Property Rights

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Cyberspace platforms provide countless services to their users; At the same time, they have access to a large amount of users' personal information and data. The value of this personal data is increasing day by day due to the possibility of commercial, economic, advertising, political, etc. exploits. The experience of a few years of technology development in cyberspace indicates the short life of many virtual platforms; So that most of the active platforms in 2004 were forgotten in 2021; Hence, today's popular platforms may not last long. The uncertain legal nature of personal data and its governing system, on the one hand, and the diverse value and uses of data, on the other, add to the temptation to take over this digital content and complicate its fate in the event of the virtual platform being shut down. The main purpose of this study is to evaluate the idea that property rights structures, along with privacy measures, can further protect individuals' rights over personal data. In this article, by applying the library research method, the ability of personal data to be classified as property is examined, then the status of personal data ownership is analyzed from the perspective of related regulations. The possibility and necessity of moving towards the establishment of a system based on property rights on personal data along with the quasi-contractual system of privacy, in order to draw the rights and duties governing personal data in the event of closure of the virtual platform, is proven in this article.

Language:
Persian
Published:
Journal of Legal Research, Volume:22 Issue: 53, 2023
Pages:
469 to 506
https://www.magiran.com/p2583461  
سامانه نویسندگان
  • Pishnamaz، Sayyed Amin
    Corresponding Author (1)
    Pishnamaz, Sayyed Amin
    Phd Student Private Law, Law Faculty, Shahid Beheshti University,Tehran, Shahid Beheshti University, تهران, Iran
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