The Existing Problems And Countermeasures Of User Data Commercialization In Cyberspace

With the continuous expansion of the Internet,big data and artificial intelligence,Internet technology is actively involved in the modern life of human beings.On the one hand,the advent of the Internet era brings many conveniences to people's life.The development of online shopping,online social networking,and Internet finance has led to a new consumption model and created many business miracles.On the other hand,the ubiquitous data collection and mining cause people's worries about personal privacy,data and property security.This paper focuses on the commercial use of user data,analyzes its existing problems and causes,and tries to find the profound logic behind the "data economy",and puts forward practical solutions based on the experience of Europe and the United States.The main body of this paper consists of six parts as follows:The first part mainly introduces the general situation of commercial utilization of user data.User data refers to the personal data related to the user's access to the network and stored digitally,while data controller refers to the natural person,legal person,public institution,administrative organ or other organizations that can independently or jointly determine the purpose and method of personal data processing.The behavior of the data controller runs through the whole process of data collection,processing,transaction and sharing,which is the core link of user data commercialization.The main ways of using data commercialization are data use,sharing,transaction,etc.personalized recommendation,data product development,third-party account login,and data transaction are typical representatives.The second part mainly introduces the legal basis of commercial use of user data.The theory of the right of self-determination of personal information is the basis and source of the commercial use of user data.Its core lies in the right of control and choice of the information subject.The theory of data property rights provides legal support for the data controller to acquire,use and trade user data,which can be divided into data collection right,use right and transfer right.The theory of data sovereignty constructs an external barrier for the protection of user data and the legal regulation of data controllers,which is manifested as the right of data management for citizens internally and the right of control for restricting the cross-border circulation of data externally.The third part mainly introduces the problems existing in the commercial utilization of user data.In the process of collecting,trading,sharing and developing user data,data controllers have a wide range of problems,such as over-collection,illegal trading,exceeding the authorized use of user data,etc.,which are also accompanied by user data disclosure and data crime spread.The fourth part discusses the cause of the problem of the commercialization of user data in China.At present,the level of data legislation in our country is low and scattered,which makes the legal protection of the user's right of number insufficient.The Internet industry lacks self-discipline and data infringement is widespread.The government departments require of adequate supervision and punishment.The lack of data security awareness of users aggravates the risk of data security.The fifth part discusses the legislative experience of the European Union and the United States in the commercial use of user data.The idea of EU's protectionist legislation makes the EU adopt a strict unified data legislation mode,which is useful in protecting user data but hinders the innovation and development of the European Internet industry.The pragmatism legislative idea of the United States makes the United States adopt the way of combining specialized legislation with decentralized legislation,mainly relying on industry self-discipline to solve the problems existing in the commercial use of user data,and adapt to the development of the Internet industry.The sixth part puts forward some suggestions on the legislation and system construction of user data commercialization in China.China should legislate clearly to stipulate citizens'data rights,improve the national regulatory system,strengthen the self-discipline of the Internet industry and the self-discipline of data controllers,and comprehensively improve users' awareness of data security.Chinese style...