| The emergence and development of "big data" has posed unprecedented challenges to the theory and practice of law.With the rapid increase of the amount of information that citizens use the network to disseminate data,the variety of data and information involved,and the various ways of using them,legal problems arise in an endless stream.However,due to the uncertainty of the basic concept of big data,people's awareness of the legal protection of big data rights and interests is not strong,coupled with the legislative lag and lack of supervision in the development of big data high-tech industry,not only a few According to the rights and interests can not be effectively protected,data development,trading and use are carried out disorderly,which seriously shackles the development of big data industry.In terms of the rights and interests of big data alone,in the dynamic development stage,there are multiple legal positioning theories such as property rights,property rights,intellectual property rights,new property rights,etc.the attributes of big data rights and interests are complex,and the infringement of big data rights and interests in personal information,copyright,trade secrets and other fields is increasingly prominent.In 2015,the action plan for promoting the development of big data was issued,which proposed that we should guide the cultivation of big data trading market,promote the circulation of data resources,establish and improve the trading mechanism and pricing mechanism of data resources,and regulate trading behavior.The development of big data needs a set of perfect legal protection system of big data rights and interests to solve the distribution and protection of big data rights and interests,of which the protection mode of big data rights and interests is the key.This paper mainly uses the research methods of logical analysis,comparative research,literature research and value consideration to discuss the basic legal issues of big data rights and interests and the optimization of the legal protection mode of big data rights and interests.The specific contents are as follows:The first part mainly introduces the background and significance of big data rights and interests legal protection mode,research status at home and abroad,research methods and innovation.The second part mainly introduces the basic concept,characteristics,types and applications of big data,the concept of big data rights and the practical needs of legal protection of big data rights and interests.The third part mainly introduces the composition of big data legal relationship.This paper analyzes the attributes of personality right,property right,intellectual property right and data right of big data rights and interests,studies the rights and contents of big data from four stages: the owner right of original data,the mining right of big data collection,the analyst right of big data processing and the application right of big data,and analyzes the ownership of big data rights in each stage respectively,which can be divided into stages In the processing and analysis stage,the contract law and autonomy of will are used to confirm the right,and the sharing principle is used for the application results of big data.The fourth part mainly introduces the types of rights involved in big data infringement and Its Inspiration to the protection mode of big data rights and interests.It is related to the legal attribute of big data in Chapter 3.Big data has become the infringing object of personal information rights,copyrights and business secrets frequently in practice.This chapter makes a concrete analysis from three aspects of the imputation principle,constituent elements and behavior performance in the infringement types of personal information rights,copyrights and business secrets,and evaluates the different empowerment models to protect the rights and interests of big data Pros and cons.In the fifth part,it mainly analyzes the experience of the legal protection mode of big data rights and interests in foreign countries and the choice of the protection mode of data rights and interests in China.The EU big data strategy focuses on strict supervision of sensitive data of data owners,the U.S.big data development strategy emphasizes industry self-discipline and self-supervision,and Japan adopts the public data open model to build the circulation environment of open data.Based on the comprehensive review of empowering mode,behavior regulation mode and eclecticism mode,this paper puts forward that the legal protection of big data rights and interests in China should adopt the phased protection mode.On the one hand,in the phase of big data information protection,it puts forward that the general information and sensitive information should be protected differently,desensitizedtechnologies such as anonymity should be improved,and data processing activities should be more transparent and reasonable On the other hand,in the protection stage of big data property rights,some suggestions are put forward,such as standardizing layer by layer from the downstream to the upstream,conceiving the collective management system of big data,enforcing the reasonable protection of big data enterprises,opening and sharing big data resources,and establishing self-discipline protection rules. |
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