data ownership [English]

Syndetic Relationships

InterPARES Definition

n. ~ The rights of possession and control over information (data), independent of where the data is stored, who created it, or how it is used.

General Notes

Part of the "Checklist for Cloud Service Contracts."

Citations

  • Bushey et al. 2015 (†756 p. 13): Recordkeeping standards approach data ownership with the view that records may be physically stored with one organization even though the responsibility and management control may reside with either the creating organization or another appropriate authority. As a result, records stored in electronic systems require arrangements that distinguish between the ownership of the records and the storage of the records (ISO 15489-1, s.8.3.4). (†1906)
  • Bushey et al. 2015 (†756 p. 13): Some have argued that information generated by the customer and stored in the cloud does not belong to the service provider but, rather, that the customer retains ownership and the provider is merely authorized to do specific operations with the data to provide the service (Reed 2010, 17). (†1907)
  • Bushey et al. 2015 (†756 p. 13): The ownership of metadata generated by the service provider regarding the customer’s information and operations in the cloud can raise more questions. For the customer, metadata can be important to demonstrate that the security of the data has been preserved; however, it appears that metadata can be owned by the service provider who generated it for internal purposes such as managing the cloud and ensuring the use and quality of the service (Reed 2010, 9). (†1908)
  • Bushey et al. 2016 (†755 ): Do you retain ownership of the data that you store, transmit, and/or create with the cloud service? · Does the Provider reserve the right to use your data for the purposes of operating and improving the services? · Does the Provider reserve the right to use your data for the purposes of advertising? · Does the Provider reserve the right to use, or make your data available as anonymized open data (through standard APIs)? · Does the Provider’s compliance with copyright laws and other applicable intellectual property rights restrict the type of content you can store with the cloud service? · Do the Provider’s terms apply to metadata? · Do you gain ownership of metadata generated by the cloud service system during procedures of upload, management, download, and migration? · Do you have the right to access these metadata during the contractual relationship? (†1891)