Daten als Handelsware

The core thesis of the present work is that the current data protection law must be evolved into a data law. The author points out that currently, the data subject has too far-reaching a legal status that should be restricted so that it is protected only in its personality-relevant relationships with a datum. The right of commercial exploitation of a datum, on the other hand, should be assigned to the person responsible for producing the data from an economic point of view. With regard to the design of an exploitation right of the data producer, which contains the use of a specific datum, in contrast to its content and its physical embodiment, copyright law serves as a model, since in this case the combination of personal rights and property law elements was achieved.