Research On The Protection Of Anti-Unfair Competition Law For Personal Data

The process of data protection begins with "virtual property" to the succession issues of mailboxes and QQ numbers,then to the attention of data as information carrier,and then to distinction between data and personal information,finally back to personal data itself.As for the data regulation model,it has developed from the earliest theory of property rights and contract law to the later theory of intellectual property rights.And scholars in different fields hold different opinions today.At the same time,judicial practice has never been confused and follows the practice of data protection type of anti-unfair competition law.It constantly updates this protection method to the legal action about personal data.However,the results of judicial decisions still need sufficient theoretical support.In the big data environment,data,also known as the "oil of the information age",has become the industrial raw material of many emerging industries such as artificial intelligence technology.Countries all over the world have tried to seize the high ground of data interests,and promulgated a series of protectionist data decrees.Personal data,as a special kind of data,connects the property interests of enterprises and the personality interests of users,which is the focus and difficult point of data protection.The European Union,the United States and Japan have clearly legislated to determine their own protection models.China should clarify the theoretical basis of the protection model of anti-unfair competition,seize the opportunity of data trend,and provide suggestions and references for the revision of antiunfair competition law of our country.This paper is an attempt based on these.The full text consists of five chapters,with introduction above and conclusion below.The framework is as follows:The first chapter is the analysis of the concept of personal data.The first section mainly includes the development of the definition of personal data and the demarcation of the relationship between the big data and personal data.The second section aims to discuss the technical composition of data and its impact on laws,and to explore a reasonable protection mode.Section III discusses the similarities and differences between data and intellectual property rights,and then obtains the legal attributes of data and the applicable substantive law.The second chapter is the analysis of the foundation of the anti-unfair competition law of personal data.Firstly,the first section summarizes several possible ways of data protection,and then makes a comparative analysis.It is found that the Anti-unfair Competition Law under the current legal system of our country is a kind of protection path with the lowest legislative cost and most in line with our country’s practice.Then,the second section combs the history,gives us the development process of personal data protection,and uses historical analysis to seek the historical basis of the Anti-unfair Competition Law protection of personal data.Subsequently,the third section regards the property analysis of personal data as the rationality of its entry into the protection scope of anti-unfair competition law,and further states its property attribution and the possible risks of unfair competition and monopoly.Finally,the fourth section comprehensively analyses the application requirements of the Anti-unfair Competition Law and data disputes and their compatibility.The third chapter is about the foreign legislation and judicial practice.This article takes the legislation of the United States,the European Union and Japan as the research object,aiming to find the hotspot for the use of legislation and judicial practice in China.The European Union and the United States is two poles of protection,but in recent years there has been a trend of compromise.In Japan,the data relationship is divided into two parts: the protection of Personal Information Protection Law and the protection of Anti-Unfair Competition Law.In addition,the recent revision of Japan’s Anti-Unfair Competition Law and the EU’s General Data Protection Regulation are also mentioned in this chapter.The forth chapter is about some unsolved problems in the current judicial situation in China,mainly focusing on the theoretical basis of the two-party authorization determined by the judicial trial and the breakthrough of the personal data itself on trade secrets.At the same time,the paper tries to respond to the above problems by referring to foreign legislative and judicial experience.The fifth chapter is the last chapter of the full text,aiming at putting forward legislative proposals.Although the "Five-Year Plan" has put the Personal Information Protection Law on the agenda,it will not become an obstacle to the protection of anti-unfair competition law.At the same time,it is necessary to amend the Anti-Unfair Competition Law in order to meet the protection requirements of personal data.