Legal Issues Of Big Data Ownership

With the advancement of society and the development of science and technology,the era of big data has come quietly.However,while science and technology have brought great convenience and tremendous economic value,it has also brought a lot of social problems of the rule of law.This new phenomenon of Big Data has become the focus of controversial.Affirm the Big Data Ownership is fully pressing.In order to balance the game of interests among them,many scholars have constructed a complicated data rights system.Each subject has been included in it.Each subject has obtained some rights.Individuals have acquired personal data rights,and the data industry has obtained data property rights.The country has acquired data sovereignty.However,apart from making the legal system even more confusing,this method does not solve any problems.There may be property rights,copyrights,claims,or even privacy in one book.Should these rights are classified as "right of book" ?The object of Big Data Ownership is big data.It is not one or two data.Affirm the ownership of specific data have no research value,because the vast majority of rights objects may belong to data after being virtualized.Scholars are too concerned about the protection of personal information.However,the protection of personal information and Big Data Ownership,they looks like but it's not actually one thing.The right to personal data is a separate request for protection on one or two of the data.It does not involve the issue of ownership as the whole big data.the right to personal data already has a clear legal status of personality rights,and there is no need to include it in the content of Big Data Ownership.Data sovereignty is the issue of national sovereignty.The extension to network sovereignty is sufficient to deal with,and it is more reasonable.Overemphasis on data sovereignty may also have a negative impact on data exchange.The issue of ownership of property rights with big data as the object is the true content of Big Data Ownership.Next,the author continues to study the ownership of the right of big data from the perspective of law and economics,and concludes that the right of big data belong to the data industry more reasonable conclusions.To solve the problem of ownership of rights,it is necessary to solve the basic path to protect the rights and restrict the rights,that is,the nature of rights.There are many opinions in the academic circles.Through the research,the author finds that in fact,the rights of big data are difficult to be included by the existing legal system.There is a conflict between the legislative system and legislative practice in all countries.However,the core of all issues is the balance of interests.The balance of interests has always been the core issue of intellectual property rights.The protection of big data based on the basic path of intellectual property can satisfy the balance of interests.The rights of big data and intellectual property rights are intangible in the object,the two are the most easily integrated,so I concluded that the right of big data is a new type of intellectual property.Of course,the core of these conclusions lies in how to realize the balance of interests.Therefore,the author finally constructed a basic framework for the balance mechanism of the right of big data and benefits,and suggested that the “Data Property Law” should be incorporated into the intellectual property system to establish the internal rules of the right of big data for protect and restrict the interests of the right of big data.and then form an external governance over the right of big data by strengthening privacy legislation and clarifying the boundaries of public law intervention.