Property Rights Of Personal Data And Its Protection

Personal data refers to data information that can directly or indirectly identify a particular data subject.In the context of the big data era,with the emergence and development of data trading activities,personal data has become a new asset of ours,and its economic value is increasingly important.This is an embodiment of the property rights of personal data.The premise of data transaction requires clear property rights,and what is the attribute of data rights from the perspective of civil law.There are obvious risks in the process of collecting,storing,utilizing and trading personal data.It is difficult for personal data subjects to effectively control and utilize personal data.This is also the reason why the current personal data infringement is getting worse.The reconciliation of conflicts of interest between data utilization and personal data protection has become a prerequisite for urgently needed urgent solutions.The lag in personal data protection is not only contrary to the rule of law theory that protects the legitimate rights and interests of individuals,but also restricts the development of contemporary e-commerce.In order to solve the above three problems,China must accelerate the creation of an effective personal data protection system.Therefore,through the collation of relevant literature works and various schools,and the comparison and analysis of the legislative and theoretical research status of each country,the definition of personal data,and the comparative analysis of personal data personality rights and property rights Identify the advantages of property rights attributes of personal data.By studying the data protection model outside the domain,combined with the current personal data protection model and the existing malpractices in China,I analyze and demonstrate the personal data legal protection system model suitable for China according to China's national conditions,and take into account the industry self-discipline on the basis of unified legislation.And proposed the relevant legal system to establish personal data protection property rights path.