The Rise of Data Trusts: How Communities Are Reclaiming Their Digital Rights
As generative AI accelerates the demand for personal information, a new movement centered on 'data dignity' is using legal trusts and cooperatives to give individuals collective bargaining power over their digital footprints.
By Factlen Editorial Team
- Collective Governance Researchers
- Focus on the legal structures, such as fiduciary duties, needed to pool individual power against tech monopolies.
- Digital Rights Advocates
- Argue that individuals must have ownership and control over their digital output to prevent exploitation.
- Tech & Policy Pragmatists
- Highlight the practical challenges of valuing data and the need to maintain data flow for scientific and AI innovation.
What's not represented
- · Big Tech platform operators
- · Data brokers
Why this matters
For decades, internet users have surrendered their personal data in exchange for free services, leaving them powerless against corporate tracking. The emergence of data trusts provides a viable, legal mechanism for everyday people to pool their digital rights, protect their privacy, and demand fair compensation in the AI era.
Key points
- Data dignity proposes that individuals should have ownership, control, and potential compensation for the digital data they generate.
- Because individuals lack bargaining power against tech giants, communities are forming 'data trusts' to pool their digital rights.
- Data trustees hold a legal fiduciary duty to act strictly in the best interests of the users, similar to a doctor or lawyer.
- These collective models offer a way to ethically license data for AI training and safely share health data for medical research.
For two decades, the internet's unspoken contract has been simple: users receive free services, and technology companies harvest their behavioral data. This model, often termed surveillance capitalism, has left individuals feeling alienated and powerless over their digital footprints.[1][6]
But a quiet revolution is taking shape in the realm of digital ethics. Driven by the explosion of generative artificial intelligence and growing public awareness of privacy rights, a movement centered on "data dignity" is proposing a radical shift in how we govern the digital world.[1][5]
Data dignity, a concept pioneered by technologists Jaron Lanier and E. Glen Weyl, argues that data should be treated as a form of labor or property. Instead of users being the product, they become the owners, entitled to consent, control, and potentially compensation for the digital value they create.[1]
The challenge, however, is deeply practical. An individual user has virtually zero bargaining power against a trillion-dollar technology conglomerate. If a single person demands compensation for their search history or creative writing, the platform can simply ignore them or deny them service.[2][6]

This power asymmetry has given rise to a new legal and technical mechanism: the data trust. Inspired by traditional financial and land trusts, a data trust is a legal structure where individuals pool their data rights and hand them over to a designated trustee.[2][3]
The crucial element of a data trust is the "fiduciary duty." Just as a doctor must act in a patient's medical interest, or a lawyer in a client's legal interest, a data trustee is legally bound to act solely in the best interests of the trust's members, not the tech companies seeking to extract the data.[2][3]
By aggregating the data rights of thousands or millions of people, these trusts create formidable collective bargaining power. A trust representing a million gig workers, for example, could negotiate with a ride-sharing platform for algorithmic transparency or better pay structures in exchange for access to the workers' aggregated driving data.[2][4]
By aggregating the data rights of thousands or millions of people, these trusts create formidable collective bargaining power.
A closely related model gaining traction is the data cooperative. While trusts rely on delegated legal fiduciaries, cooperatives are democratic, member-owned organizations. Think of them as credit unions for personal data, where members actively vote on how their collective information is used, shared, and protected.[3][4]

These frameworks are rapidly moving from academic theory to real-world infrastructure. In the European Union, the Data Governance Act has laid the regulatory groundwork for "data intermediaries," creating public registers to ensure these new organizations operate transparently and ethically.[4][5]
The urgency for these collective models has skyrocketed with the advent of generative AI. Large language models are trained on vast swaths of the internet—essentially the collective, uncompensated output of human culture, art, and conversation.[1][6]
Data trusts offer a viable mechanism for creators, writers, and everyday users to collectively license their data to AI developers. Instead of AI companies scraping the web indiscriminately, they would negotiate with trusts that ensure ethical usage boundaries and distribute royalties back to the original creators.[1][2]
Beyond financial compensation, these collective models unlock the profound potential of "data altruism." Individuals are often hesitant to share their health records with for-profit pharmaceutical companies, fearing insurance discrimination or catastrophic privacy breaches.[4][5]
However, those same individuals might willingly contribute their data to a medical data cooperative governed by strict ethical charters. This allows researchers to access the massive, diverse datasets needed to cure diseases, while guaranteeing contributors that their privacy is protected and the data will never be weaponized against them.[4][6]

Despite the immense promise, significant hurdles remain. Valuing data is notoriously difficult; a single data point is often worthless, gaining value only when combined with millions of others. Furthermore, establishing the legal classification of data as "property" remains a highly contested issue in many jurisdictions.[2][4]
How we got here
2014
The MyData movement publishes its first whitepaper advocating for a human-centric data economy.
2018
Technologists Jaron Lanier and E. Glen Weyl popularize the concept of 'Data Dignity' and data as labor.
2020
The Open Data Institute maps the ecosystem of 'data institutions,' formalizing the definitions of trusts and cooperatives.
2023
The European Union implements the Data Governance Act, creating legal frameworks for data intermediaries.
2025–2026
The explosion of generative AI accelerates the push for collective data bargaining to protect creators' rights.
Viewpoints in depth
Digital Rights Advocates
Focus on individual empowerment, consent, and the philosophy of data dignity.
This camp argues that the original sin of the internet was the 'free' model, which inevitably led to surveillance capitalism. They believe that treating data as a form of labor or property is the only way to restore human agency online. For these advocates, data trusts are not just administrative tools, but essential mechanisms for human rights, ensuring that the wealth generated by AI and big data is equitably distributed to the people who actually produced the underlying information.
Collective Governance Researchers
Focus on the legal mechanisms—trusts and cooperatives—that pool data to balance power asymmetries.
Legal scholars and governance experts emphasize that individual rights (like the GDPR's right to delete data) are insufficient because individuals lack the time and leverage to negotiate with tech monopolies. They champion the 'fiduciary duty' aspect of data trusts. By legally binding a trustee to act in the beneficiaries' best interests, this model shifts the burden of privacy and negotiation away from the exhausted user and onto a specialized, legally accountable representative.
Tech & Policy Pragmatists
Focus on the regulatory frameworks, implementation challenges, and the complexities of valuing data.
While supportive of ethical data use, pragmatists warn that overly rigid ownership models could stifle innovation, particularly in AI and medical research which require massive, frictionless datasets. They point out the immense difficulty in assigning a monetary value to a single piece of data. This group advocates for frameworks like the EU's Data Governance Act, which focuses on transparency and secure data sharing (data altruism) rather than strictly transactional 'data-for-pay' models.
What we don't know
- How courts across different global jurisdictions will ultimately classify data—whether as strict property, a human right, or a new legal category entirely.
- The exact economic models that will be used to calculate the financial value of an individual's contribution to a massive, aggregated dataset.
- Whether major technology platforms will voluntarily negotiate with data trusts or if government mandates will be required to force them to the table.
Key terms
- Data Dignity
- The ethical principle that individuals should have control over, and potentially be compensated for, the digital data they generate.
- Fiduciary Duty
- A legal obligation for one party (like a trustee) to act entirely in the best financial and ethical interests of another party.
- Data Intermediary
- An organization that acts as a neutral middleman between the people who generate data and the companies that want to use it.
- Data Altruism
- The act of voluntarily sharing personal data for the public good, such as medical research or urban planning, without expecting financial reward.
Frequently asked
What is the difference between a data trust and a data cooperative?
A data trust is managed by a legal trustee with a fiduciary duty to act in the beneficiaries' best interests. A data cooperative is a democratic, member-owned organization where the users themselves vote on how their data is used.
Can I join a data trust today?
While still in the early stages, several pilot programs and specialized cooperatives exist, particularly in sectors like gig work and healthcare. Broad, general-purpose data trusts are currently being developed under new frameworks like the EU's Data Governance Act.
Will data dignity make me rich?
Unlikely. The value of an individual's data is relatively small on its own. The primary goal of data dignity is collective control, privacy protection, and ensuring fair compensation for communities, rather than generating significant individual wealth.
Sources
[1]TechTargetDigital Rights Advocates
What is data dignity?
Read on TechTarget →[2]Oxford University PressCollective Governance Researchers
Bottom-up data Trusts: disturbing the ‘one size fits all’ approach to data governance
Read on Oxford University Press →[3]Open Data InstituteCollective Governance Researchers
Data trusts, data cooperatives and data commons
Read on Open Data Institute →[4]Internet Policy ReviewTech & Policy Pragmatists
Data cooperative
Read on Internet Policy Review →[5]MyData GlobalDigital Rights Advocates
MyData in Motion: Evolving Empowerment for 2025 and beyond
Read on MyData Global →[6]Factlen Editorial TeamCollective Governance Researchers
Synthesis by Factlen editorial team
Read on Factlen Editorial Team →
Every angle. Every day.
Get culture stories with full source coverage and perspective breakdowns delivered to your inbox.






