Farmers are increasingly adopting digital agriculture and precision farming technologies, driven by promises of improved efficiency, profitability, and environmental benefits. However, as the industry delves deeper into the digital realm, questions about data ownership and usage have emerged, leaving many farmers uncertain about who truly benefits from the data generated on their farms.
At the recent Promoting Digitalization in Crop and Beef Production conference in Edmonton, Bill Oemichen, a lawyer and research fellow with the Canadian Centre for the Study of Co-operatives at the University of Saskatchewan, shed light on the complexities surrounding farm data ownership. Using Bayer Crop Science’s Climate FieldView platform as an example, Oemichen highlighted the ambiguity in data ownership agreements. While farmers may retain ownership of their data, they often grant companies broad licenses to access, use, and modify that data. This raises concerns about how companies might aggregate and utilize farm data for purposes beyond the individual farmer’s control, such as machine learning and predictive analytics.
The implications of these data-sharing practices are significant. Farmers may unwittingly contribute to valuable datasets that benefit various stakeholders, including hedge funds, without fully understanding the extent of data usage. Industry representatives, like Antoine Bernet from Bayer Crop Science Canada, emphasize their commitment to data privacy and responsible use. Bayer, for instance, claims it does not sell individual farm data or use it for commodity market speculation. The company also points to its Ag Data Transparent (ADT) certification, which aims to ensure transparency and adherence to core data principles.
However, Oemichen argues that intellectual property law offers little protection for farmers in these scenarios. Farm data is not subject to copyright law in Canada or the United States, leaving farmers with few legal recourses. This underscores the importance of carefully reading and understanding data use agreements before consenting to them. Farmers should be aware of how companies define agricultural data, what data is being captured, and how it will be used. Additionally, they should know their rights regarding data retention and deletion if they choose to leave a service provider.
While the legal landscape may lag behind industry practices, grassroots solutions like ADT certification can help align agricultural technology companies with farmer interests. ADT certification provides a voluntary framework for companies to commit to transparent data practices, offering farmers some level of comfort and control over their data.
As digital agriculture continues to evolve, farmers must navigate the complexities of data ownership and usage. By staying informed and advocating for transparent data practices, farmers can better position themselves to benefit from the digital revolution in agriculture.