Big Data Database: : Loopholes regarding Ownership and Access to Data

Abstract: Big Data is an interesting, developing and to some extent, vague area in respect of law. The actual value of Big Data is in its flow, not its sources. There are different options discussed which are considered as the tool to dictate ownership for Big Data, like, Copyright, Trade Secrets, Patent, Database Protection etc. However, there are also some ideas to come up with a new type of intellectual property right to deal with this. Among other available intellectual property rights, database, apparently, provides the most obvious protection for Big Data. In addition to it, laws regarding Big Data needs to be in conformity with privacy law, competition law, contract law etc. The research primarily concerns with big data database, and to identify the impact of big data, it includes some aspects of business practice. From a broader perspective, the research analyses the scope of third parties’ rights to match with the financial aspects of big data database. This research aims to identify how to balance different interests in using big data. There is no point to deny the need to control big data and simultaneously, privacy should be respected as well. It is therefore important who can access to these data and how far their right to access can be stretched. This access right extended to third parties is valuable as it is a must to ensure free flow of data which is a prerequisite for building the new data economy. In regard to methodology, the thesis is based on analytical approach where existing sources are being explained in the context of recent scenario.