Big data is being used in many fields such as bio, medical, social media, advertising, finance, communication, Internet of Things (IoT), and self-driving cars due to the development of related technologies. The development of industries using big data is creating enormous wealth. On the other hand, there is a growing concern that the providers of personal information, which are the basis of big data, will be alienated. In other words, the development of big data-based industries is monopolized by a small number of companies that have big data, which creates barriers to new entry, and there is a growing concern that individual jobs will be reduced due to the development of related industries. The rosy future that the data economy intends is a happy life in which humans do less work and enjoy cultural life. However, on the contrary, many jobs are lost and the majority of people are raising concerns that they will fall into extreme poverty.
Therefore, there is a need to give personal information subjects a more active position on personal information or data. We must beware of over-optimism about the data economy. It is necessary to find a way to attribute the property value created through the use of personal information to the individual, the subject of information. Then, in what form can the property value of personal information be preserved for the individual, the data producer?
First of all, personal information or data should be divided into before and after entering the scope of the data economy. Before entering the scope of the data economy, it will have to be accepted into the existing legal system depending on the type of existing personal information or data. If personal information or data falls within the scope of the data economy, it should be regarded as establishing 'data property rights', a type different from existing property rights or intellectual property rights. Data property rights should be understood as rights that do not have the characteristics of exclusive control and focus on ex-post beneficial rights. Consent to the use of personal information has an important meaning as a requirement for establishing data property rights. Therefore, the meaning of consent to use of personal information, which grants ex-post profits to the subject of personal information, becomes important. It is difficult for individuals to accurately understand the contents of the current consent to use personal information, and it is also difficult for individuals to accurately understand the effect. And excessive restrictions in this area can act as an obstacle for companies that want to utilize big data.
Then, it is necessary to think about how to utilize the meaning of such consent as a social agreement or contract that creates property rights in addition to the meaning of permission for the use of personal information. It can be considered as a contract that transfers ex-post benefits of data property rights generated through the use of personal information to the state or society. Profits generated from the utilization do not have to be returned to individual subjects of personal information, but can be used as financial resources such as basic income or welfare resources under the management of the state and society. Through this, it will be possible to open the possibility of using personal information to big data companies to promote the data economy.