Research On Data Rights And Interests From The Perspective Of General Data Protection Regulations Of The European Union

In May 2018,the EU general data protection regulation came into effect.This law has the dual purpose of protecting personal data and regulating the cross-border flow of data.The creation of emerging data rights also reflects the dual value of data in the economic sense and human rights sense.From the aspects of the nature,attribute,structure and ownership of data rights and interests,this paper comprehensively analyzes the evolution,naming and construc tion of data rights in the eu general data protection regulations.The experience of eu data legislation can be used as reference and inspiration for China's data system construction.As early as 1973,the European Union realized the economic value of the data industry and aimed to provide the legitimacy and legal basis for the regulation of the data industry.Under the influence of the human rights theory,the European Union gradually placed the protection of personal data on the human rights level and establi shed the protection system of the rights of personal data.Longitudinal analysis of the European Union for data rights legislation,the protection of data has experienced three stages,from the initial "right to know" as the core,to the transition to "privacy" rights and interests of the right to look for the data,a new type of data to create inde pendent rights,such as the right of access and corrections,the right to delete(forgotten)and data portable power,etc.The 13 th NPC standing committee's legislative plan,released in September 2018,listed the law on the protection of personal information and data security as the first category of legislative items,marking the entry of syste-matic legislation on personal data into the agenda.China names data protection as "personal information" in legal terms,while the eu names it as "data" in general data protection regulations.Know-ledge is not a difference in definition,but involves a variety of differences in legal theory and judicial practice.There are more advantages in naming the data protection system with "data".First,it can reflect the characteristics of the era of the big data revolution;second,the term "data" combines new contents and carriers;third,the concept of "data" can better reflect the dual attributes of its personality and property.The eu's data rights have the paradigm structure of "right-right".The data rights include both the national sovereignty over the data and the individual rights of the data subject.China's construction of data rights also has the dual attributes of sovereignty and rights.Data sovereignty is embodied in the expansion of the eu's jurisdiction over the general data protection regulations.The eu's long-arm jurisdiction plays a great role in its claim of data sovereignty.In terms of the protection of data rights,the construction of data rights in the regulations combines its personality attribute and property attribute,and elevates it to the height of human rights.The non-absoluteness of individual data rights in the eu is clearly reflected in the data subject's right system: in addition to the general premise and legal effect of the exercise of the data subject's rights,the regulations have established a large number of proviso clauses and restrictive clauses to limit the unlimited expansion of the data subject's rights.The regulations to the legislation of our country of personal data,from power as a data industry in our country,the design of the high standards of the regulations system is not accord with China's national conditions,China's personal data legislation should regulate personal interests distribution mechanism,clear the boundary of the personal data protection and personal data will be divided into general data privacy and personal data to establish different intensity of data protection rules,at the same time learning from the regulations system clearly illegal enterprises,organizations and individuals of the administrative liability and civil liability.Finally,this paper concludes with the data rights of the eu regulation model and its implications for China.