Research On Legal Issues Of Public Data Opening

As an important social resource,the data opening has attracted widespread attention in the society.In 2015,the state promulgated the "Outline of Action for Promoting the Development of Big Data",which raised the development of big data to the height of the national strategy;on December 10,2017,General Secretary Xi Jinping made an important instruction during the second collective study of the Political Bureau of the Central Committee: "The development of big data is changing with each passing day.We should assess the situation,plan carefully,make arrangements ahead of time,and strive to be proactive." As an important part of data resources,public data has attracted the attention of organizations and scholars all over the world.Since 2017,local regulations on the openness of public data have mushroomed rapidly.In view of this,this paper focuses on the study of legal problems faced by my country’s public data opening,and aims to solve the legal problems encountered by various means.Through the expansion of the concept of public data openness,new problems arising from the expansion of the concept of public data under the background of the existing digital industry development are excavated.Firstly,the actual dilemma of public data opening with both property and personality rights attributes under the existing conditions is clarified.Secondly,the existing public data opening paths are analyzed in detail,and a new path for realizing public data opening by using the authorized management system is proposed combining the administrative and private law paths..Then,combining property rights and personality rights,a new data right is constructed,and the active protection of public data is realized by constructing the public data right.Finally,the rights protection of public data is realized from the two aspects of public law and private law,and a rights protection system for public data is constructed to solve the problem that public law protection lacks an overall system and private law protection vacancies in the protection of public data open rights.The thesis is divided into six parts,the main contents are as follows:The introduction part is the first.The introduction part starts from the research background of domestic and foreign public data,analyzes the research significance,introduces domestic and foreign research literature,and evaluates it.Based on the evaluation,the research method and research plan are designed,and the main research content is defined.Through the review of the existing foreign literature,it focuses on the analysis of the overall plan of data opening,the evaluation system of the implementation effect of data opening,and the personal information and privacy protection mechanism.Through the comparison of domestic and foreign literature,a comparative study of foreign typical cases is carried out;through the summary of domestic literature,the research on domestic policy is limited to the study of free open government data with the nature of public goods.It is finally confirmed that there is currently a lack of research on the construction of a public data open platform that introduces a commercialization mechanism and realizes enterprise-oriented operation,and there is also a lack of understanding of the nature of public data.The first chapter is an overview of public data openness.This chapter mainly involves the construction of related concepts and theoretical foundations.First,the core concepts of public data opening are defined,including data,public data,etc.,and compared with similar concepts,it is clarified that public data should be used by government agencies,international groups,social groups,enterprises and individuals to perform public service functions.data generated in.Then,it studies why public data should be opened,mainly from the perspective of public data opening to promote the development of the digital economy and realize the concept of a community of digital destiny.Finally,through the analysis of the existing policies,plans,and laws,this paper analyzes the diversity of subjects,the diversity of open forms,and the scope of data opening and multiple opening of public data in my country.The second chapter is the legal status and predicament of public data opening.The purpose of this chapter is to analyze the legal nature of public data and the dilemma of rights protection under the circumstance of a new definition of public data and multiple open demands,and further put forward the difficulty in choosing the path of public data openness,the lack of protection paths for public data property rights,and the lack of protection of public data property rights.Data openness lacks the three major problems of a rights protection system.This paragraph analyzes the nature of public data from two aspects of property rights and personality rights,and discusses in detail the properties of property rights and personality rights of public data.It is clearly defined that public data can form public data property,and the establishment of property rights of public data property of public data property is discussed.Then it analyzes the personality rights of public data,and analyzes that public data has the characteristics of personality rights from two aspects of theory and practice.The protection of personal information should be people-oriented,reflecting the humanistic care in the measurement of legislative interests.Then,the advantages of the three protection paths of ownership,copyright and trade secrets and the limitations of rights protection that are difficult to apply to public data opening are discussed,and the limitations of the current legal protection paths are discussed,and it is clarified that new approaches should be constructed for the multiple openness of public data.more targeted rights protection system.The third chapter is the choice of public data open path.This chapter answers the difficult question of choosing an open path for public data.This chapter firstly reviews the two existing public data open paths of administrative and private law in my country.First,it introduces the data open platform relying on administrative means from four parts:development history,classification,data sources and open rules,and the defects of this path.Model;then,from the four parts of development history,classification,data source and transaction rules,and the defects of this path,it introduces the commercialized public data opening path based on private law regulation,including big data trading platform and big data paid open platform,and has a good understanding of it.Its advantages and disadvantages are discussed.Then,in accordance with the requirements of the "14th Five-Year Plan" development outline,with authorized operation as the core,relying on the grading of public data in the two dimensions of security and value,different paths are adopted for different levels of public data,and the implementation of comprehensive administrative and private law means Public data is open to diversity in an orderly manner.The fourth chapter is the confirmation of data rights in my country’s public data opening.This chapter answers the problem of the lack of protection paths for public data property rights,and realizes active protection of public data property by constructing public data rights.First of all,the data is coordinated from the two aspects of data rights and personality rights,and the public data property rights arrangements for public data opening and the protection of public data personal information are clarified.Building the right to public data alone has paved the way.Then,relying on the theory of separation of ownership and power,the property is separated from the concept of tangible objects,and the necessity and feasibility of intangible objects in Roman law for the confirmation of public data rights are discussed,so as to further determine the subject and object of data rights.The subject should As a public data controller,the object should be public data resources and public data products,and the specific content of data rights should be clarified according to the relationship between the subject and object,including the duration,power and effectiveness of data rights,and ultimately the establishment of public data rights.The fifth chapter is the protection of rights in the openness of public data.This chapter answers the question of the lack of a rights protection system for public data openness.This chapter firstly defines the standard of interest legitimacy in the protection of public data interests,and then expounds the basic principles in the protection of public data open rights from the aspects of efficiency and security.Adopt the form of protection of tort liability.Then,the tort liability specification for the protection of public data open interests is elaborated from three aspects: subject,type and application.Finally,from the perspective of public law,it analyzes the current situation and deficiencies of protection in the current public data open management regulations,and applies the data life cycle theory to put forward some suggestions on the rights protection system in public data open.The conclusion summarizes the article,clarifies the shortcomings of the research,and further clarifies the future research direction.The research on legal issues involved in the openness of public data is not limited to the four major issues in this paper.Especially when the connotation of public data expands and there is a demand for multiple openings at the same time,the realization of multiple openness of public data must be accompanied by more legal issues.The discussion has not been in-depth yet.In the future research,we will combine theoretical and practical research with the problems actually faced in the newly defined multiple opening of public data,so as to realize the multiple and orderly opening of public data.