Who owns digital data about you?

Legal academic Professor Donrich Thaldar, whose research focuses on data governance, explores this and other questions.

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IN THE digital economy, data is more than just information — it is an asset with immense economic and strategic value. Yet, despite its significance, a fundamental legal question remains unresolved: can data be owned?

While privacy laws worldwide focus on protecting individuals’ rights over their personal data, they often sidestep the issue of ownership. This has led to legal uncertainty, particularly in South Africa, where the Protection of Personal Information Act (Popia) grants data subjects various rights over their personal information but does not explicitly address ownership.

This gap in legal clarity raises pressing questions: if personal data — such as private health information — exists within a vast and ever-growing digital landscape, can it be owned? And if so, who holds the rightful claim?

Why does it matter who owns data?

In today’s digital economy, data is the most valuable asset — it’s often referred to as “the new oil”. Whether in commerce, research, or social interactions, the ability to generate, use and trade with data is central to economic competitiveness.

If data ownership is not clearly established, it could stifle innovation and investment. Companies require legal certainty to operate effectively in a knowledge-driven economy.

Countries have taken different legal approaches to tackling the question of who owns data. China, for instance, formally recognises the proprietary rights of data generators, meaning that businesses and individuals who generate data have legally defined rights over its use and commercialisation. This provides legal support for the country’s digital industries.

What does South African law say?