The Research On The Nature Of Rights Of Transaction Data In Internet Trading

There are serious risks such as illegal trading,extensive data sharing and outsourcing mining,which need special protection rules.The nature of rights is the basis of the rules of data protection for Internet transactions.If the nature of rights is not solved,the construction of relevant legal systems will become castles in the air.This paper analyzes the characteristics of transaction data,such as wide content,multiple related parties,multiple acquirement and preservation subjects,complex authorization procedures,and so on,which brings difficulties to the definition of the nature of transaction data rights and the establishment of protection procedures.Thus,the formulation of relevant protection rules is also in trouble.In theory,there is a different understanding of the nature of the rights of transaction data,such as contiguity Right,right of privacy,right of self-determination and so on,also produced different rules in practice.The data trading industry in China is still in the early stage of development.According to the relevant laws and regulations,the personal contact way involved in the transaction data and the track track are identified as part of the personal information,and the "privacy right" protection is implemented.The introduction of network security law further strengthens this mechanism.This practice hinders the use of data.The transfer of authorization is legal and restricts the circulation of transaction data.It deviates from the rapid,open and mobile needs of the development of the data industry.It is not only harmful to the reutilization of Internet transaction data,but also is not conducive to the development of rights activities.At the same time,it brings the rights related rights of the right holders to lose the power of the people's rights and interests.The risk of loss of benefits.In foreign judicial practice,there are two different approaches.One is taking transaction data as privacy protection,as represented by the European Union's "General data Protection regulations".The actual effect is not satisfactory.The right to be forgotten can not be realized in practice.Another,taking the "safe HarborAgreement" signed by the United States Department of Commerce and the European Union in 2000 as an example,emphasizes the right of individuals to trade data and,with user authorization as a precondition,partially recognizes the nature of the property rights of data.Better promote the open use of transaction data.Our country defines the right of transaction data as property right which has legal basis and feasibility: on the one hand,transaction data has property right characteristic,and the way of protection is consistent with property right.On the other hand,confirming the property rights of Internet transaction data will also promote the related industries.By clarifying the nature of the property right of the data,we can enhance the awareness of the rights of the data subject of Internet transactions,provide them with an effective means to protect their own interests,and also help to unify the norms and institutions for the management of Internet transaction data.