Potential Expropriation Claims Against Data Sharing Requirements

Tara Peramatukorn

In this commentary published in the New York University Journal of International Law & Politics, Tara Peramatukorn explores potential expropriation claims against data sharing requirements. She finds that in formulating a viable claim of expropriation against mandatory data disclosures, the nature of the disclosure requirement matters. If the disclosure is likely to substantially affect the investor’s ability to benefit from the investment, it is likely to be considered an expropriation. As most data-driven businesses derive an economic benefit from their data through revenue and profit, it is likely an expropriation will be found where follow-on disclosure of data collected through a mandatory data disclosure regime to third parties substantially disrupts the investor from deriving revenue and profit from that data.

The paper originated in the Global Data Law course.