Internet of things: Right to data from a European perspective

Abstract

The amount of data collected and processed by smart objects has increased exponentially over the last few years. The use of this technology, known as the Internet of Things or IoT, leads to new challenges and applications of existing data protection laws. Data resulting from the use of such technology has wide-ranging consequences for individual privacy as a large amount of the data in question is often personal in nature. However, the Internet of Things has a wider impact and also creates questions within such fields as contract law and intellectual property law, due in part to the lack of a clear property right to data. In addition, issues of data security are of importance when such technology is used, particularly when considering liability for data loss. This chapter will deal with the legal issues connected to the Internet of Things from a European perspective, taking into account existing laws and in light of the new European Data Protection Regulation. The underlying theme of the chapter focuses on the existence of legal rights to data created through the use of the Internet of Things and the various stakeholders that may have an interest in the data, from the service provider and the individual user, to intermediaries and those involved in allowing smart objects to fulfill their potential. The question of whether the legal challenges identified in the chapter can be overcome will also be addressed, along with the future role of law in the use and development of the Internet of Things.