Agriculture Big Data Legal Issues and Protections: Part 1 - Background

Written by M. Sean High - Staff Attorney

In recent years, the term “Big Data” has been used with increased frequency.  In general, Big Data refers to the modern practice of collecting and using computers to process incredibly large amounts of information for a designed purpose.  A common example of this would be when online companies collect information, based on social media activities, in order to present likely consumers with targeted advertisements.

By processing the collected information, Big Data promises businesses the potential to increase profits through a more efficient use of their limited resources.  In the example of online advertisement, recording social media activities and habits allow businesses to present consumers with products they are inclined to purchase and not with those they are unlikely to buy.  By employing this approach, advertising dollars are concentrated where they are likely to have the greatest affect.  While the monitoring of social media activities may offer businesses a significant marketing tool, it also raises questions regarding control of the collected data and the personal privacy of those being observed.

Recently, Big Data has become widely associated with agricultural production.  Proponents of agricultural Big Data assert that better understanding of agricultural information (such as that related to crop production) will allow farmers, like other businesses, to more efficiently use their limited resources (such as land, water, seed, and fertilizer).  Others in the agricultural community have been reluctant to embrace agricultural Big Data because of concerns over control of the information collected and loss of personal privacy; the same apprehensions associated with the monitoring of social media activities.

While most farmers have heard of the term agricultural Big Data, large numbers of them do not fully understand how agricultural Big Data affects (or potentially affects) their own agricultural operations.  Nevertheless, farmers are now being approached by companies offering to sell their agricultural Big Data services.  Because these farmers are being asked to decide on whether or not to utilize agricultural Big Data, it is now necessary that they understanding the meaning of the term agricultural Big Data; that they comprehend the key legal issues regarding agricultural Big Data; and that they become aware of the potential legal protections available to those who decide to utilize agricultural Big Data.

Big Data Big Questions Part II

Written by Stephen Kenney

In Part I of “Big Data Big Questions” we discussed Dr. Shannon Ferrell’s testimony before the House Agricultural Committee regarding agricultural big data.  Part I focused on his testimony about the existing intellectual property law and how it applies to agricultural data.  Part II will highlight the potential issues he raised concerning agricultural data collection.

Dr. Ferrell spoke of the many threats that have been realized in the disclosure of personally identifiable information (PII) to outside parties.   Some of those realized threats included the loss of credit card data in targeted hacks of Adobe Systems, Sony, Home Depot and Target among others.   These anecdotes contribute to the concern over the safety of agricultural data.   

According to Dr. Ferrell, most producers are concerned about their data being accessed when it is routed through a cellular signal to be disclosed to the service provider.  Most of the data that is sent to service providers is in the form of telematics data; raw data that has information concerning crop production and GIS information about the farm.  The first protection of this data comes in the form of the cellular signal.  Virtually all cellular signals are encrypted.  The transmitted data could only be stolen by a sophisticated hacker unless he had the decryption key.     Hackers are normally attracted to information that can easily be converted into financial value such as credit card information.  It is more difficult to convert agricultural data into financial gain quickly.   Thus systems storing agricultural data are less likely to be attacked.  Nevertheless, this data could be a more appealing target if the farmer’s vendor account information is linked to their data. 

Dr. Ferrell stated that another major concern for producers is the misuse or inadvertent disclosure of data by the recipient of the data.  One major concern would be the disclosure of that data to regulatory agencies.  There is little law on whether a government agency could simply request data from a service provider and attain it.  Another concern would be whether an opposing party in litigation or potential litigation could coax the service provider into disclosing a producer’s data, even if the disclosure is not legally required.  Dr. Ferrell concluded that, “Ultimately there are no laws defining an inherent privacy right in agricultural data.”  There are protections in place for healthcare data (HIPPA), financial data (Gramm-Leach Bliley Act and Fair Credit Reporting Act), and personal information held by the federal government (Privacy Act of 1974).  There are large categories of agricultural data that do not fall within a protected area.