Author: Donrich Thaldar, Professor, University of KwaZulu-Natal

In the digital economy, data is more than just information – it is an asset with immense economic and strategic value. Yet, despite its significance, a fundamental legal question remains unresolved: Can data be owned? While privacy laws worldwide focus on protecting individuals’ rights over their personal data, they often sidestep the issue of ownership. This has led to legal uncertainty, particularly in South Africa, where the Protection of Personal Information Act (Popia) grants data subjects various rights over their personal information but does not explicitly address ownership. This gap in legal clarity raises pressing questions: If personal data –…