Research On Transformation Of Data Property Into Rights In Big Data Transaction

In the context of big data,as the economic value of data is continuously explored,the vicious competition of data continues to emerge,and the data market is frequently chaotic.The bottom line is that there is a dispute about the legal attributes of data,and the issue of legal protection needs to be resolved urgently.First,the data discussed in this article is non-personal data.Non-personal data is not recognizable relative to personal data and cannot directly or indirectly identify a particular individual.Non-personal data includes derivative data and recorded data from a range.At the same time,non-personal data has a close relationship with information.The root of non-personal data is the information it contains.The relationship between form and content should not be discussed separately.Part of the non-personal data comes from the desensitization and anonymization of personal data,which have different legal attributes.Big data is not just a collection of large amounts of data in quantity but also the result of data analysis.From the perspective of political economy,based on Locke's labor theory and data transactions in practice,it fully indicates that data has value and exchange value,so the data has property attributes.Second,the feasibility of demonstrating the property rights of non-personal data is established.Non-personal data constitutes legal property and it is necessary to establish data property rights.First,the protection of data rights in judicial practice,but there is a predicament of inadequate protection and irrationality.Second,the introduction of legitimate interest evaluation criteria,the value of data protection is measured from internal and external standards.From the perspective of internal standards,data property protection conforms to the principle of efficiency and justice;from the perspective of external standards,its protection can maximize social welfare.,in line with the development trend of the times.Third,at the legal level,the data property is demonstrated as a kind of interest protection or rights protection.The author believes that the data property has clear and clear boundaries and contents.At the same time,compared with the protection of interests,the protection of rights,especially the protection of absolute rights,is more adequate for the protection of data rights and is more conducive to the development of the data economy.Again,it is legitimate to discuss the right to build independent data assets.Non-personal data does not have the physical characteristics of the property law in China,and secondly it does not have independence,it cannot exist independently from the carrier;at the same time,based on the characteristics that the data can be copied and retained,it cannot be exclusively controlled by the right holder.And control,and therefore cannot be included in the object of property rights.From the perspective of intellectual property,non-personal data is a true reflection of the objective world in terms of content.It is not original.From the formal point of view,its arrangement is not original,it cannot constitute a compilation,nor is it an intellectual property adjustment.category.Finally,data property rights are a property right,and the right holder has the right to control,use,and earn and dispose of it.The data industry invests in high costs and labor processing,processing legally acquired data,and it enjoys the legal legitimacy of data property rights,and it also helps to promote the development of the data economy.The law should clarify the boundaries of data property rights protection,prevent information monopoly,and ensure the free flow of information.Data property rights are primarily subject to reasonable restrictions on compulsory licensing,duration of rights,and protection of personal information.