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A custodian or joint custodians may manage the personal data for those incapable of doing so, while they are incapable. The custodial duty is to manage the data in the best interests of its owner. Data that is jointly owned is governed by the laws applying to the ownership of any other possession.

The Data Rights of Custodians

This cater for the custodial management of personal data. Incapacity can be due to age (as in the case of children) and admits three possibilities: fully incapable, capable of managing data privacy and communications only and fully data capable.

Data differs from other property only in respect of the right to privacy or personal communications. In the case of minors, they have a right to privacy, particularly privacy of communications, and this must not be violated.  Custodial management on behalf of minors would typically be limited by time, so that, at a particular age, a minor would become fully capable of managing their own data. The duties of a custodian in the event of incapacity for any other reason, will be circumstantial and should be covered by property law.