Who owns the data?

Michael Barber, Director of Amodal, investigates the problems of data ownership in our digital world

In the construction industry, data has to be shared and accessed by many people throughout a project and asset's lifecycles in order to inform key decision-making. The need for information to be readily available and retrievable is of primary concern in the built environment, namely because the digital Golden Thread of information is a fundamental part of delivering safe buildings. There is an argument to be had however, in terms of who owns and is responsible for asset data.

Information is playing an increasingly principal role in the industry, but can a single party own information completely? Or is it more nuanced than this? Does data ownership change according to project and asset's lifecycles?

In order to really think about how we can put change into motion, we have to start opening up areas of conversation that will alter the way we think and work as an industry. The construction industry is notoriously resistant to change, and with this aversion comes a scepticism for anything that would actually improve the industry's outdated processes.

We're in the age of information, which means that data is one of the most important resources in our modern world. The requirement for data is growing exponentially, particularly in the construction industry where information can be leveraged to iron out inefficiencies and streamline productivity.

Data exists everywhere in the construction industry, and when mined correctly can be pivotal to informing the decision-making processes of both project delivery and asset maintenance. The industry builds and monitors everything from information that is collected, enabling communication, mitigating risk and assuring greater clarity in terms of the future.

Data's demand
The world is becoming more and more digital as the appetite for these solutions increases. The next generation of technology such as IoT (Internet of Things) is going to rapidly accelerate and will improve connectivity in ways never previously thought possible.

For the built environment, technology has the capacity to have a transformative effect. The construction industry's digital transformation can have different meanings and definitions to different business cultures, and is dependent on a company's digital maturity. Some companies are at a lower base than others, where digital transformation means they just want to find information quickly. For others at a more mature stage, they may see digital transformation as adopting the latest technologies to improve processes. On the whole, digital transformation totally depends on individual aspirations, resource and situations. Generally, digital transformation is about technology being utilised to improve construction processes.

The industry is already realising some benefits of going digital, notably in terms of managing buildings and improving productivity. In recent years, technology has been identified as instrumental in the delivery of safe buildings - a focus for the industry given the effects of Grenfell. Access to accurate, up-to-date information is the cornerstone of both the Golden Thread and the soon-to-be Building Safety Bill which will be published later on this year.

As highlighted in the regulation system, a building regulator will be responsible for implementing and enforcing a more stringent regulatory regime for all existing and new buildings in scope - residential buildings over 18m or 6 storeys - during their design, construction, occupation and refurbishment. This regulator will provide stronger oversight of safety and performance of all buildings. Information is essential to this learning process to determine whether an asset is performing as intended. With the demand for data so high, it is important for the built environment to have control of its data. Ownership and integrity are key here.

Information is knowledge
During the operational stage asset owners, engineers, facilities managers and the like need access to information to inform where, how and why they make important decisions regarding building performance.

The information hierarchy is an important tool that highlights the relationship between data, information, knowledge and wisdom; data being the lowest and wisdom the highest. This block indicates that we must enrich data and build on it in order to achieve the value we desire to make important, informed decisions. Once we reach this idyll at the top of the pyramid, we can use this 'wisdom' to make our actions.

Looking at information from an in-operation perspective, clients' ultimate aspiration is to possess the knowledge to manage their portfolio safely and sustainably. Clients have legal and business obligations to do this, and also need to ensure they are conforming to statutory compliance, and health and safety protocols. Clients define their targets depending on the information they need to reach those goals.

Project information requirements (PIR) and asset information requirements (AIR) highlight the information that is needed to manage buildings, and are created in line with clients' aspirations and/or strategies. Who owns the data?

Data is the recipe for knowledge, yet its ownership is a hotly debated topic in the built environment, especially at the design stage. Understanding data ownership is akin to solving the Rubik's cube; there are so many facets to consider and things are not black and white. This is why it is important to break down data ownership into smaller increments - in order to reach a greater sense of clarity around who is responsible for data at any given time.

At Amodal we take a step-by-step approach to information management. This agile method enables project teams to be more reactive to change, to see what is and isn't working. Agile moves with the changing tides of a business, reflecting its needs as opposed to following a fixed path that may not be the best route anymore. When it comes to data ownership, this agile method pays in dividends.

In December 2020, the Chartered Institute of Building (CIOB) published its Golden Thread report in collaboration with i3PT Certification. This report questions whether the built environment is ready for the Golden Thread, to which 85% of participants agreed.

As part of this report a survey was conducted on data ownership. It asks the elusive question of 'who owns the data?' and divides data ownership into project stages across design, build and operation. At the operation stage, 75% of participants ranked the client as responsible for owning the data in this period. Although there was confusion as to who owns the data during the design stage - statistics show participants were torn between the client, information author and lead designer - it is encouraging to see the majority believe that during operation, the client must own their data.

However It is worth bearing in mind that, although a small number, 15% of respondents were either unsure of who should own data or listed 'other' during operation. This quantitative data makes it difficult to assume why, but it could indicate that for some data ownership at operation is a grey area.

The report makes a further distinction regarding rights versus liability. It pinpoints that just because the client owns their data, it doesn't make them responsible for any liability issues.

The resounding implication of the CIOB's pertinent research is that data ownership fluctuates depending on where you are in the process. Data is never 'owned' exclusively by a single party; it isn't static and is consistently changing shape. For the sake of clarity however, clear signposts are needed to highlight when ownership may change and whose responsibility it is to maintain it.

During operation, from the CIOB study it is conclusive to say the client or asset owner 'owns' their data, even though they are not responsible for rectifying any issues regarding products that are listed in their documents. Going forward, these distinctions will be fundamental to make, as the terms 'ownership' and 'responsibility' have very different meanings, even though they are often interpreted as the same thing.

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