Research On Civil Law Protection Of Data Right

The main content of this paper is to systematically analyze data right from the perspective of civil law.Specifically,it includes the legal attributes of data,why and how to establish data right,the content and boundaries of data right,and civil law relief for data infringement.Chapter 1:Data legal attributes.This chapter focuses on systematically combing and defining the premise concepts of data right.The legal nature of data is the logical starting point for data ownership issues,and the issue of data ownership is the key to the formation and adjustment of legal relationships with data.The key to determine the legal attributes of data is to distinguish between personal information and data.The legal attributes of personal information and data are not the same.The legal attribute of personal information is personal interest and non-transferable,while the legal attribute of data is property interest.Chapter 2:The establishment of data right.The data protection path of anti-unfair competition law,the protection path of intellectual property law and the protection path of property law all have the problem of insufficient protection,and can not effectively adapt to the diversified and complicated legal relationship of data attribution and utilization.The protection path of data right is necessary and feasible.As far as its necessity is concerned,the establishment of data right can guarantee the full realization of data benefits;in practice,data transaction is the actual confirmation of data rights.In terms of its feasibility,the establishment of data rights is the performance of property rights expansion,it is an abstraction and confirmation of the relationship between real rights and interests;the legal basis for the establishment of data right is the theory of intangibles in Roman law;the establishment of data right conforms to the legitimacy standard of rising interest as a right.The subject of data right is the data controller,not the information subject,giving the data controller control,its philosophical foundation lies in the theory of labor property;its legal basis lies in the theory of attachment;its reality basis is that the data controller is the main pioneer of data value.The object of data right is data,including independent,valuable,exchangeable data resources and data products.Chapter 3:The content of data rights.The types of interests associated with the data mainly include personal information and privacy interests,market economic interests,andsocial public interests.The establishment of data right from the civil law and the clarification of the property rights of the data controller is a kind of property right structure in the form of private right.It is an affirmation of the efforts and labor of the data controllers,and at the same time stimulating the development of the data industry.The content of data rights should be designed from both positive and negative aspects:positive orientation is to determine the rights content of data right holders internally,and negative aspect is the realization of various interest relationships from external docking or coordination of data right.Data right as an absolute right,the positive aspect of its content is reflected by the data controller's possession,use,income,disposition of its data,and the validity of the data right corresponding to its power.The negative aspect of its content is mainly reflected in the conflict and coordination of data and personal information,public interests.The specific rules for data circulation and personal information security coordination are:distinguishing sensitive personal information from general personal information,updating informed consent mechanism,establishing personal information de-identification principle,protect personal information rights,and strengthen the legal responsibility of data controller.The rules for the realization of the public interest carried on the data are:regulating data market trading order,determining the scope of reasonable use of data,establishing a system for mandatory data disclosure,and establishing a system for compulsory licensing of data.Chapter 4:Data infringement relief.This chapter focuses on the protection of tort law of data rights,mainly related to:the principle of liability,the constituent elements and the way of commitment of data tort liability.The principle of liability for infringement of data right does not apply to the principle of none-fault liability,and the principle of general fault liability should be adopted.The constituent elements of data tort liability include fault,injurious behavior,damage,and causation.The methods of liability for data infringement mainly include compensation losses and preventive liability.Due to the nature of data inference,civil law can introduce punitive damages to compensate for the lack of filling compensation to protect the legitimate rights and interests of data right holders.Preventive responsibility methods include stopping violations,eliminating dangers,and removing obstacles.The specific performance is to stop processing,delete,and use technical means to restore data integrity.