Research On Legal Issues Of Commercialization Of Personal Data

Data is the "new oil" in the era of digital economy,and it is the basic production material necessary for innovation and development.President Xi Jinping's speech on Implementing the National Big Data Strategy to Accelerate the Construction of Digital China mentioned: "To play the role of the basic resources of data and the role of innovation engine,and accelerate the formation of a digital economy with innovation as the main leading and supporting" "It is necessary to strengthen the overall coordination of policies,regulations,and laws,and accelerate the construction of laws and regulations.It is necessary to formulate data resource determination,openness,circulation,and transaction related systems,and improve the data property protection system." Personal data is an important part of big data,how to establish and improve the use of personal data rules and protection paths are an important foundation for the development of the big data industry.To balance the protection of personal information rights and promote business development and innovation is an important issue.Although there is still controversy over the scope of rights to data at this stage,both academics and industry parties have fully recognized its value.For personal data,on the one hand,the personalization of personal data brings convenience to the data subject;on the other hand,due to the strong correlation between personal data and the person,in the process of personal data commercialization is easy to cross the red line that infringes on users' privacy.At the same time,for the operators of the data industry,taking the platform as an example,since the data rights have not yet formed a relatively clear scope of protection,even if it is controversial whether it is recognized as a legal right,it brings the platform and the entire data industry uncertainty.There is a situation in which data-related commercial interests cannot be guaranteed and the protection of data and personal information by judicial practice cannot effectively apply the relevant laws.This paper defines the personal data of the research object firstly,and through various disciplines' understanding of data and information,to define the concept of data and information from the perspective of law.From the perspective of law,the concept of data and information extends from the initial public law to private law,and today,with the continuous development of big data analysis technology,it has become a complex across multiple disciplines,and the related rights with personal data have become a set of rights that affect individual peace,corporate development,and national security.Further identifying the scope of personal data by exploring the relationship between personal data and big data,privacy,databases,and intellectual property objects.In the process of commercial development,personal data should be further classified according to specific situations,such as sensitive personal data,public personal data,and special personal data,etc.Different types of data need to follow the different principles in the process of commercial development,and personal data in each stage of the commercial utilization process,that is,in the various stages of the data utilization process,also distinguish the different attention obligations of different subjects and management responsibility.The commercialization of personal data should consider the roles and contributions of the parties in the industrial chain during the development process,and then resolve the various conflicts between the person,the data developer and the public interest,and in the existing law.Based on the framework,a theoretical approach to the protection framework for personal data protection is formed.Considering the characteristics of personal data and the personal interests of the data subject,the commercial use of personal data should be based on the premise of not infringing the privacy of the person,and fully respect the existing legal protection framework.For the protection of personal data,it is also necessary to consider the contribution of data developers to the data value mining process.The value of personal data is composed of a large number of people,each of who provides the corresponding value.For data developers,the process of commercial utilization is the process of discovering and mining the data value.For personal data protection,it should be considered from the different behaviors and different scenarios of utilizing personal data,in accordance with the basic principles of personal data protection.In the current situation where the data rights are not yet defined,the data rights disputes can be protected by applying the antiunfair competition law,and after the data rights is established,the neighboring rights theory in the intellectual property law system can be used to learn from the protection industry investment and starting with the results of labor,responding to the situation in which the rights in the data.