Research On The Legal System Of Data Ownership In Big Data Transaction

With the continuous development of big data transactions,legal disputes involving data are also increasing.The focus of disputes is on the determination of data ownership and the content of data rights.However,at present,there are few laws and regulations governing big data transactions in China,and there is no complete protection system for big data transactions.The relevant laws lack clear criteria for the legal attributes and ownership of big data,making the obligations of both sides of data transactions vague and unfavorable.The identification of legal responsibilities in the protection of personal information and related legal disputes has seriously hampered the development and prosperity of big data transactions in China.This article is divided into the following four parts:The first part describes the undefined ownership of data rights to obscure the development of big data transactions.From the current status and future development of big data transactions,three issues existed that emanate data ownership rights,namely personal data,anonymous data,and data ownership rights of data collected by governments in ex officio.The second part deals with disputes and reflections on the legal nature of data.The determination of the ownership of data rights involves the legal nature of data.There are two arguments in the theoretical community.One view is that data is generated by natural persons and has the personality right attribute.The data is included in the scope of personal right protection;another kind of view thinks that the data can be traded.It is because its property interests,so data should be included in the scope of protection of property rights.This article will summarize the theory of the two perspectives and demonstrate the property of the data from the nature of big data.The third part lists the legal provisions and judicial practices relatedto the ownership of data rights in big data transactions at home and abroad.The fourth part proposes to construct a new "data property right" system,clarify the subject,object and content.It also proposes the construction of a legal system for the ownership of data rights in big data transactions.