Efforts to reconcile the tension between personal data (protection) law and intellectual property law remains contentious. This Chapter explores the nature of personal data in intellectual property. The growing value of personal data has, over the past decade, begun to lend itself to question whether this data contains a level of intellectual property. However, to demonstrate whether intellectual
... [Show full abstract] property exists in personal data, there are key principles and concepts within the current day data protection laws that also need to be considered. The concept of consent and the definition of personal data within the law, become very important because they determine the level of control and subsequently the level over ownership data subject wills have of their personal data. More recently, the European Union have arguably strengthened the possibility that personal data contains intellectual property as a result of the introduction of the right to data portability.
