Research On Data Producer's Right

In the context of the era of big data,human society has officially started the fourth industrial revolution about data and intelligence.With the deepening of the Industry 4.0 stage,the global data-driven economy has emerged.Through the gradual integration of artificial intelligence,the Internet of Things,and cloud computing technologies,the boundaries between the physical,digital,and biological fields have been blurred,and the real world and the virtual world have been realized.Fusion.The machine-generated data generated by the transmission of sensors from equipment,software or machinery without human intervention has broken through the linear trend and has grown exponentially.Machine-generated data,or industrial data,is gradually becoming the most valuable economic asset in the current data market and one of the core competitive resources.At present,the global data-driven economy is still in its infancy,and my country has officially incorporated data elements as new production elements in the market,clarifying the significance of data resources to my country's overall economic development.However,the access and use of machine-generated data in the emerging data market is becoming a practical obstacle to the further prosperity of the data economy.Based on this,a concept of a new data property rights system has emerged.Therefore,it is indeed necessary to study data producer rights from the perspective of dialectical criticism,following the logic of data producer rights system,data producer rights system legal benefits deconstruction,and data producer rights system perfection.Regarding the the data producer's right system.Based on the fervent appeal of the European connected car industry,the European Union is the first to mention the creation of a data producer's right legislative concept in its economic proposal,which aims to enhance the liquidity and machine-generated data.However,from a critical perspective on the research and practice of the existing data producer rights system,the EU has not yet completed the construction of the relevant rights system at the practical level,and lacks sufficient arguments for the construction of the rights system;at the theoretical level,the academic circles have a few ideas on the construction of the data producer rights system.A key issue,such as the interpretation of data production and the compound identity of data producers,remains to be clarified.On the deconstruction of legal interests of the data producer's right system.The legal benefit of the data producer rights system is machine-generated data.By identifying the types of machine-generated data and their protection status,it can be known that different types of machine data may be protected and regulated to varying degrees from four aspects: law,market,social norms,and architecture.At the same time,the legal level has The three levels of the architecture have different degrees of force.Among them,they have a direct effect on the market and social norms and an indirect effect on the architecture.Among the different types of machine-generated data,the legal protection status of machine-generated non-personal data is the least clear.China's improvement of the data producer's rights system.Combining with the international trend and my country's legislative foundation and environment,it can be seen that the path of data property rights is the best path for my country to protect the rights of data producers and point to legal interests.Under the path of data property rights,the legal interest of data producer rights in my country is machine-generated non-personal data;the subject of data producer rights is the controller of machine-generated data,and the actual scope is limited to natural persons,enterprises and social organizations;data producer rights As a negative data property right,it is characterized by non-exclusiveness and conditionality.The exercise of the right must be premised on triggering defensive elements.