OLDS — Information generated on the farm can be extremely valuable, so producers should make sure they have it very safely stored – preferably in a cloud – and ensure they have solid legal agreements regarding its dissemination.
That was the advice Rachel Macklin and Melika Mostowfi of the law firm Dentons Canada LLP gave a to a virtually full tent Aug. 2 during Olds College’s annual AgSmart agriculture and technology exposition.
"Producers should be able to inquire about data protection, data retention practices that providers use. The data should only be kept for as long as strictly necessary for the relevant analyses to be carried out," Macklin said.
“And the data should only be accessed to those with required authorization. There should be an option to remove and destroy or return all original data upon the farmer’s request.
“You want to ensure that the language of the contract is clear and simple, and that you are being fully transparent about your practices.”
The crowd was also told that farmers can use trademarks to protect their farm’s brand, product names or logos.
Attendees were also told that they can utilize plant breeders’ rights to protect new plant varieties “in the same way an inventor protects a new invention with a patent legal protection.”
Mostowfi and Macklin said certain information, for example, personal information, can be redacted if necessary.
They recommended putting information in a cloud rather than on regular devices because those devices can be hacked far more easily than clouds.
"In summary, a combination of adherence to privacy laws, data protection measures, and intellectual property rights is essential for farmers to protect their valuable data,” Macklin said.
“Given the complexity of these intellectual property rights and data protection, seeking legal advice from experts in the field can be extremely beneficial.
“Professional guidance can help both farmers and ag tech providers navigate the legal landscape and assure that they are taking the necessary steps to protect their data and intellectual property.”
Mostowfi and Macklin said under current legislation, the consequences for data breaches are not that great. However, new legislation anticipated is expected to feature “a lot more serious consequences for data breaches.”
