Private And Shared Rights Of Data

In the era of big data,data sharing has penetrated into all aspects of life,and there is a growing trend.Data sharing is an important way to use data,and is also an important basis for data flow and development of the data industry.But it also brings a problem: the conflict between private number weight and shared number weight is the conflict between data sharing and individual data protection in the final analysis.Opportunities and challenges coexist.While data sharing brings economic benefits,it is also accompanied by the risk of individual data leakage or infringement.However,over-protection of the interests of data subjects over individual data will restrict the full realization of economic value of data and is not conducive to data sharing.How to balance the relationship between the two is particularly important.The protection of individual data has been regulated to a certain extent in our country.Most of the domestic scholars study the protection of individual data.There is little research on how to balance data sharing and individual data protection.The first part,based on the theory of interest of rights,is the inevitable outcome of the development of science and technology,the change of cultural views and the social transformation.Number right is based on "data person" and derived from the right,is a combination of personal rights and property rights and interests,a breakthrough in the "one thing one right" structure,sharing is its essence.The second part divides the private number right and the shared number right from a brand-new value realization angle.Private number rights are the rights that data producers have over the data that they generate.The subject of rights can get the benefits by transferring part of the number rights,but in essence,it pursues the protection of individual data.Shared number weight is the right of data controller to data,which in essence realizes the maximization of data value.In the third part,the author expounds the dialectical unity of the private right and the sharing of the number right from the Marxist theory,the private number right is the premise and foundation of the sharing of the number right,the sharing of the number right is the reuse of the individual data,the sharing of the number right will infringe on the private number right,and the excessive protection of the number right will restrict the data circulation.The fourth part,in order to coordinate the relationship between the two,puts forward the suggestion,entrusts the private number right main body with the right of informed consent and the right of being forgotten,here consent is not "strong consent",establishes "reasonable expectation";Shared weight subject has to operate the data within the scope of authorization and has the obligation of confidentiality,but the data can be shared if it can not be identified by the anonymous processing.