데이터에 대한 배타적 권리의 법철학적 정당화

As the economic importance of data utilization grows, there has been a question as to whether to grant exclusive rights to data as a way to support it. Unfortunately, such discussions have mainly been focused on economic arguments, and a more fundamental philosophical review has not been made. This paper intends to conduct a philosophical review on the justification of granting exclusive rights to the dataset, which is a collection of individual data. Regarding the legitimacy of private property rights, there have traditionally been philosophical arguments such as freedom argument, utility argument, and necessity argument. Freedom argument include Locke’s labor theory and Hegel’s personality theory, and the modern arguments of Nozick and Rawls are also based on them. Utility argument represented by utilitarianism is the basis for sophisticated economic analysis. Necessity argument extends from ancient Greece to the present-day welfare state theory and Marxism. These philosophical theories can be applied to intangible information with some modifications and variations, and the same is true for datasets. From this, we can derive that the recognition of exclusive rights to datasets can be justified, and that those rights should be appropriately limited. Philosophical theories can help us understand problems more deeply, choose more thoughtful criteria, and ultimately make good judgments.