Research On Data Rights And Their Legal Protection

Modern society has entered the information age,each of us any move is likely to become the data information in the scientific and technological equipment,the output and use of data also provide great convenience to our daily life.Other social entities such as enterprises and governments aim to develop and utilize data resources on the basis of making profits or providing public services.Each country also gradually realized the importance of data resources and raised it to the level of national basic strategic resources.However,data resources,which are extremely common in practice,are rarely involved in domestic legislative documents.The lack of data market with legal regulations leads to data conflicts of interest among all parties and rampant illegal data activities.In order to make better use of data resources by multiple data subjects and improve the advantages of data resource utilization,we must make clear the definition of data rights and the specific content of data rights from the perspective of interest equity,and build the framework of data rights protection system on this basis.The body part is composed of three parts,the main content is:First,an overview of data rights.Based on the classification of data rights,the subject,object,right nature and ownership of data rights are discussed respectively.Data classification theory of the right is a basic content,discuss the rights of the data of "original data" and "secondary data" theory to protect the rights of data pointed to by the standard of the interests of the two dimensions,coupled with individuals,businesses and government data such as the main body,the original data and secondary data together into the scope of the protection of the right to object,and through the carding,the nature of qualitative data rights into the dual nature of both personality and property interests,on this basis,and counterpoising truly problem was studied for the rights of data,gives the ownership of the original data and secondary data ownership respectively to output data and data management.Second,the allocation of data rights.Rights configuration aims to solve theconflict of interest,through the data flow analysis involved in the process of conflict of interest,points out the present situation data rights more appropriate behavior regulation mode instead of empowerment,and interpret a conflict of interest in and solve legal method,pointed out that the benefits balanced perspective to address the rationality of the data conflict of rights.Then,by analyzing the original data in data flow relationship rights,rights of secondary data and the data user interest game of rights and obligations of the configuration,to emphasize the original data configuration of the focus on the rights of the rights and obligations people to give,and the secondary data configuration of the rights and duties of the right and the right to use the data of focus on the obligations imposed.Finally,the system design of data rights protection in China.After a brief analysis of the realistic background of data rights,this paper points out the current situation of data rights legislation in China,and on the basis of the merits of the eu legal regulation model and the American industry self-regulation model,puts forward Suggestions on improving China's data protection system.It must be made clear that the protection of data rights cannot only rely on the legislative approach,and the corresponding law enforcement and judicial means should also be complete.As pointed out in the paper,not only special legislation and civil common law should be combined,but also the data classification management system,right relief and right supervision system should be established and strengthened.Data is "open sharing" principle of industry development goal,at the end of the article,through the discussion of data sharing system of the bright future of imagining the future data industry,but the data Shared rights must be based on the data of system is implemented on the basis of the possible,therefore,imperative we must realize the necessity of constructing data rights system.