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Private and Common Property Rights in Personal Data

Hu Ying

(2021) 33 SAcLJ 173

This article makes a case for examining personal data from a property law perspective. In particular, it sets out the arguments both in favour of and against granting private and common property law rights in personal data. While property law is not a panacea for all the problems that have arisen in the big data era, it provides a useful framework and a set of established principles for approaching those problems.