Big Data in Agriculture: 4 Legal & Security Risks You Must Consider

Big data has taken different sectors of the economy by storm and Agriculture is not any different. It is being used in technologies involved in monitoring crops and animals, making paddocking decisions, deciding on the application of fertilizers and chemicals, and the prediction of possible problems. Big data is also used in soil moisture-sensing technologies, checking of pastures and management of the livestock. Different technologies are coming up in the market with the aim of aiding farmers in monitoring every aspect of the farm. However, there are likely legal issues that may come from the collection, storage, and manipulation of data. Here are some of them:

1. Ownership of the Data

There is the need to know who owns the data between the data collectors and the farmer on the ground. The owner of the data has the right to determine who accesses the data and authorizes the use of the data. The value of data is in its use and not just the possession. Moreover, there is the difference between raw data and aggregated data. Raw data is the data that has been collected in the field while aggregated data is that data that has been augmented to reveal patterns. As the data provider or the owner of the farm, you will need the assistance of an agribusiness lawyer to determine boundaries in which given data can be utilized.

2. Consent to Collect and Manipulate the Data 

It is a legal requirement for the owner of the object being monitored (in this case the farmer) to give their explicit consent for collection of data, and there must be an agreement on the use of the data. An agribusiness lawyer is helpful in drafting the terms of use of the data.

3. The Privacy of the Information

If any information is deemed original, it requires copyright protection. With copyright protection, the use of the information is subject to permission of the copyright holder. In the same line, you may need protection to ensure sensitive information on land management is not shared for commercial purposes. A non-disclosure statement should also be drafted to safeguard the interests of the farmer.

4. Control 

How far can the information be manipulated? Who has access to the information? Can the information be used for commercial gains? What can or should not be shared? These questions should be handled before data can be collected at the farm. An agribusiness lawyer will be of great assistance in ensuring that the rights of both parties are protected in the agreement. While big data can provide great benefits for crop production, it’s vital to draw up a concrete plan for how you will use and manage the data.

What to do next?

Contact us if you would like to have more information on managing the legal risks involved in big data. Our lawyers at You Legal will be happy to assist you in whatever way we can.

* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.