The Legal Philosophy Of Data Rights

With the advancement of society,data technology has reduced our cost of living,making our work easier,making our travel more convenient and making our study more comprehensive.At the same time,the impact of data technology on our lives is becoming more and more important.Saving time,reducing costs,and improving efficiency are the benefits that data technology brings to us.Advanced technology brings new functions and values,resulting in conflicts of interest between data entities and security risks in the use.Furthermore,use the law to protect data interest has becoming an important case.Data conflicts of interest and security issues are the dilemmas that cannot be avoided.In order to understand and solve this dilemma,the academic community has studied it from the perspective of data legislation and proposed the concept of data rights.However,scholars only declare data rights,and data protection in legislation.They do not prove the legitimacy of data rights.To solve the problem,it is necessary to prove the right content,value and the standard of rights by validating the data rights through effective theory.Therefore,it is using semantic analysis,deductive reasoning and comparative research methods to analyze data rights from the three main legal genre rights theory that are natural law rights view,empirical legal rights view and social law rights view.Firstly,natural rights are derived from natural rationality,and it is influenced by value cognition.According to the different content,it can be divided into three stages,the concept of rights with justice,the concept of rights with freedom,and the concept of rights with equality.The resulting of natural rights theory,the legitimacy comes from the value connotation.The purpose of public useing data is to enjoy the development of science and social progress.The right to data is to ensure that people use data freely and equally for.From the perspective of data rights,the fundamental purpose is to maintain the legitimate interests.However,the proof standard still has problems,such as narrow scope of the subject,the intersection of personality rights,property rights,and serious confusion.The connotation of data rights cannot be fully expressed,and the results of the arguments are not satisfactory.Secondly,data rights are affected by data legislation.The content of data rights,and the way in which it is protected are closely related to the laws.For this reason,many scholars have demonstrated the right of data with the positivism theory.On this basic,it conforms to the legitimate standard of positivist rights.Comparing the current laws of the EU and China,there are two ways to prove data right.The statutory presumption and the presumption.The statutory presumption is based directly on the law concerning data security and data interests.The authority of the law as the substantive standard,and the procedural guarantee of the legitimacy.Using this way should be presumed that it is based on the dignity of the person and the right to personal privacy,and clarifies the privacy rights and personal interests that the subject must use in the data as the justification standard.The positivist rights proof method also has certain defects.The data property rights that the law does not have explicit protection cannot be confirmed.Data rights of the collective and legal persons are not recognized in this argument,ignoring the integrity of data rights and the comprehensiveness of the subjects.Thirdly,because the natural and positivism rights theory have insufficient evidence for data rights,the social law rights theory is chosen to prove it again.Compared with other two,the advantage of social law rights theory can pay more attention to social facts and social effects.The judgment of right legitimacy can combine the rational cognition of legal authority and value;it also includes the complexity of social relations.Considerations have a positive guiding significance for the judicial practice of data rights.Judging from the actual demand expressed by data rights and the effectiveness of data interest regulation,the proof of data rights by social law rights can clarify the purpose of interest expressed by data rights,and use this fact and validity as rights.At the same time,social law rights theory also pays attention to collective behavior and collective rights.It can solve the subjects problem in other two theories.What's more,it also has a good proof and interpretation effect on data rights.Finally,compared with the natural rights theory and the positivist rights theory,the social law rights theory is better to prove data rights in comprehensiveness and effectiveness.However it also needs to explain the connotation of data rights.Thus,we should find a new way to reflect the data in the personality,property and national security.We use a new concept,"rights bundle",to introduced and the proof the data rights.Furthermore,a set of data rights bundle theory is established to analyze the multi-subjects and diverse kinds of rights in the data rights bundle in a systematic and standardized way.Data is used as the material basis of the bundle of rights,called "beam point".In this way,it divides the personality rights,property rights,and national sovereignty.Through studying the fact of interest,we can analysis data rights entirely.With the value norms in data rights bundle,we can conclude a the rights competition and rights protection order that may guides the judicial practice.