Understanding Data owners, Custodians, and Intermediaries: Comparative analysis

In the ever-expanding digital labyrinth, data reigns supreme. Yet, navigating the complex web of data ownership, custody, and intermediation can feel like traversing a legal minefield. This article delves into these key concepts, providing clear definitions and exploring how major legal frameworks across the globe address them, highlighting both similarities and divergences.

Defining the Inhabitants of the Data Ecosystem:

• Data Owner: The ultimate authority figure in the data realm, the data owner possesses legal control over the information and dictates its use. This role can be filled by individuals (their personal data), companies (customer data), or even government agencies (public data). Ownership comes with responsibilities, as owners determine the purpose for data collection, define access rights, and establish retention periods.
• Data Custodian: Think of data custodians as the trusted guardians of the data kingdom. They are entrusted with the critical task of storing, managing, and securing the data on behalf of the owner. While they may not hold ownership rights themselves, data custodians have a legal responsibility to handle the data according to the owner’s instructions. This includes implementing appropriate security measures, ensuring data integrity, and adhering to relevant regulations. Cloud storage providers, for example, often act as data custodians for businesses that leverage their services.