Legal Perspectives on Smart City Data as a Commons

Smart cities are purported to produce vast amounts of data of immense value, both commercially and from a governance perspective. The control and stewardship of this smart city data remains controversial, with concerns for the role of the individual smart citizens and the control they exercise over the data they generate. Elinor Ostrom’s Nobel prize winning work on long-lasting and sustainable commons has been suggested as a solution, whereby the commons management principles would be applied to smart city data. This paper seeks to identify the current applications of Ostrom’s commons to smart city data in literature, as well as explore their legal implications. Particularly, what legal challenges may arise from the smart city data commons, and how they could be addressed through legislative frameworks. The article aims to identify and highlight these legal challenges and thereby provide a legal perspective on the concept of smart city data commons.