Ownership of Personal Data in Private Rights; from Personality Right to Intangible Property

Document Type : Original Article

Author
Sina Youseffi
Master's student in Private Law, Faculty of Literature and Humanities, Imam Reza International University, Mashhad, Iran
10.22034/lc.2026.573203.1735
Abstract
The ownership of personal data in private law is one of the complex issues that have given rise to new legal challenges following the expansion of the digital space and new technologies. The main question is whether personal data should be considered as intangible property or should it be protected by personality rights? This issue becomes important when personal data not only serves as a means of identifying individuals, but also as an economic resource for companies in the digital world. The hypothesis of this research is based on the fact that personal data can be considered as personality rights and immaterial property at the same time, but to realize this, precise legal frameworks must be developed to determine how to own, use, and protect them. In this regard, important questions are raised that require careful consideration: should a person own his data and be able to have full control over it? Or do commercial entities, which collect and process this data, have the right to use and exploit it? The answer to these questions requires a comparative study of different laws in the field of private law. In particular, regulations such as the EU General Data Protection Regulation, which protect individual rights against misuse of data, can be appropriate models for national legislation. Finally, the aim of this research is to achieve a balance between the rights of individuals in privacy and the economic benefits resulting from the use of data, which can create a coherent and efficient legal framework.
Keywords
Ownership of Personal Data
Personality Rights
Intangible Property
Privacy
Data Protection

Subjects