Publication details

Práva k datům

Title in English Rights over Data
Authors

KOUKAL Pavel MYŠKA Matěj

Year of publication 2024
Type Chapter in a book
MU Faculty or unit

Faculty of Law

Citation
Description The chapter focuses on the analysis of the concept of data and information in a legal context, their distinction, and legal protection. Data are understood as technical records of facts or symbols, while information arises from their interpretation and processing. This distinction is crucial for legal frameworks, such as the protection of personal data or intellectual property. The chapter emphasizes the need to examine data and information not only at the syntactic level (symbols without direct meaning) but also at the semantic and pragmatic levels, which include their meaning and impact on systems or recipients. An important part of the chapter is the distinction between data and their carriers, as well as between digital and analog data. Data can be easily transferred between various carriers, but ownership of the carrier does not include the right to use the data unless protected by specific rights. The chapter also explores the legal regulation of object-related data (pertaining to things or natural phenomena) and subject-related data (about natural or legal persons). The regulation of these data is diverse and includes trade secret protection, sui generis database protection, and the obligation to disclose data in public registers.

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