Research On The Problem Of Data Ownership

In the fast development of network era of big data,the data of utilization of resources has become the focus of all parties vying for,but in order to better play to the advantages of big data resources,must first clear the content of the right to define rights for data.The main idea of this paper is to define the data as ownership,and hope to promote the protection of personal data and enterprise data by studying the content of data ownership.On the other hand,we also hope to promote the development of Big data industry by the explicit ownership of data ownership.Big data is a hotspot of social attention recently,data ownership is the rise in recent years,so the topic of this paper is new and is fit for discussions on the question of data ownership characteristics of The Times now.For data ownership problem research mainly focus on the following aspects:data definition of the right properties data ownership of the object,the main body of data ownership,the ownership of the data in the main body of the rights and obligations,the infringement of the ownership of a data against data ownership of tort liability.Specific terms,this part of the object of the ownership of the data will be firstly discusses the qualitative data,will mainly within the academic circles on some points to analysis,finally lead to view the data with the personality and the dual attributes of the property.Secondly,it talks about the objective obstacle of data as the object of rights,mainly to refute the view of the non-object nature of data and the decentralization of subject.Thirdly,it will make clear the scope of the data as the right object,including the reference factors of data ownership object and the processing of sensitive personal data;The subject of data ownership will firstly enumerate the views in the academic field and then put forward the view of this paper,that is,the determination of the theme of data ownership from the perspective of individuals,enterprises and governments;The content of the legal relation of data ownership will specify the rights and obligations of the data owner,data collector and data user.Finally,it talks about the civil law protection of data ownership.First,we will review the current situation of China's legislation and find out the gaps in our legal protection.Second,the legislation mode of the European Union and the United States is compared and analyzed,which leads to the choice of legislative mode in our country.Finally discusses data ownership of tort liability rules of the specific content,including specific the behavior of the ownership of data,data ownership tort damages the cognizance of facts and data ownership tort imputation principle,data ownership causality data ownership of infringing copyright of defense,etc.The refinement of these content makes it clear that the behavior of data ownership is violated,so as to better protect the rights and interests of data owners.The main research methods adopted in this thesis are:literature analysis method,through the website of CNKI,Westlaw,etc.,to collect and collate relevant literature materials;Combining the research methods of theory and practice,combining the literature and relevant cases,this paper analyzes the relevant problems and finally finds the correct way to solve the problem.