EMILI has released the second in a series of guidebooks created to help those working in the agri-food sector; including farmers, technologists at agtech companies, agronomists and other stakeholders, understand key legal issues connected with the use of agricultural data.
The second in this series, focused on ownership, provides non-lawyers working in the agri-food sector with a pragmatic approach to understanding the issue of farm data ownership. It provides an understanding of who has access to farm data, and what is done with the data once collected, managed or processed by an agtech company.
“The legal guidebooks developed by EMILI provide anyone working with farm data a better understanding of key legal issues regarding data rights, including data ownership and the safeguarding of farm data. This makes sure that everyone – both farmers and agtech companies – is starting from the same understanding and stays on the same page,” said Danielle Graff, partner at MLT Aikins and EMILI board member.
EMILI has worked in collaboration with legal academics and practicing lawyers on the guidebook series, and the ownership guidebook was authored by William L. Oemichen, J.D., of the Canadian Centre for the Study of Co-operatives and Law School at the University of Saskatchewan and University of Wisconsin-Madison Division of Extension.
While farmers believe they own the data collected from their farming operations, recent surveys of Canadian producers show many are uncertain how this works in practice. For example, a 2022 survey by Farm Credit Canada found only 32% of respondents understood how their data was used and that data ownership questions were addressed directly in their agtech contracts.
“We want to make sure people have the knowledge and tools they need and are empowered to fully participate in conversations surrounding the growing use of digital technology and data in agriculture and bring more people into the conversation to support the continued adoption of digital tools in the agriculture and food sector,” said EMILI Director, Agri-Food Data Dan Lussier.
Download a PDF of EMILI’s agriculture data ownership guidebook.
For more information visit EMILI’s Canadian Agri-Food Data Initiative (CADI). Through the Data Initiative, EMILI is working to build the data governance capacity of the Canadian agri-food sector through a unique combination of applied research projects and the development of data literacy training programs. The Data Initiative aims to empower farmers and other end-users of digital agriculture technology so they can make good decisions about their data and investments in digital tools.