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Protection Of Personal Data Rights In The Era Of Digital Economy

Posted on:2020-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:L LuFull Text:PDF
GTID:2416330623953617Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The digital economy has profoundly affected all walks of life.It is a new type of economy that is different from the traditional economy.Data is the most important production factor of the digital economy.Therefore,the data itself and its value in the market economy are also growing.While the digital economy era has brought convenience to daily life,it has also spawned various social problems,and the issue of data protection has become a top priority.Up to now,basically all of the world's countries or related regions have established their own legal systems or related protection mechanisms.The legal rights protection legal system or related protection mechanism of the EU,the United States,Japan and other countries or regions has been built long before China,and their legal system or protection mechanism has undergone a long-term theoretical study.The continuous polishing in practice has finally formed a more effective data protection model.Therefore,they are able to adapt to the data protection needs of the new era and make effective responses in a timely manner.The reason why these countries can form a relatively complete and effective data rights protection mechanism is mainly because they have a relevant protection system experience before the data protection mechanism is formed,and they have a strong awareness of rights protection.However,in the face of the data protection problem caused by the advent of the digital economy era,China has no relevant legislation and protection mechanisms,and there is no research and experience on data protection in both theory and practice.Up to now,in theory,at present,China has no certainty about the nature of data rights.There are various theories,such as "ownership theory","personal rights theory" and "privacy theory".In practice,there is still no one in China.Individual laws on data rights protection,such as the Personal Data Protection Act.At present,China's basis for the protection of data rights is still limited to the "General Principles of Civil Law",the relevant departmental laws and some sporadic provisions of some laws and regulations.Therefore,China's legislative system and protection mechanism should be constructed in a timely manner.On the one hand,we can learn from the EU's emphasis on the type of legislation protection,the US emphasizes the type of market self-discipline protection,and the unique regulation of Germany and the mixed type of Japan;on the other hand,we must pay attention to and clarify the legislative status and purpose of data protection in China.And value positioning,so as to build a system of data rights protection system suitable for China's national conditions.In addition,we must pay attention to some key issues in the construction of data rights protection system.First,we must pay attention to the choice of legal form in the construction of legal system,that is,choose the appropriate legislative form according to China's basic national conditions;Strengthen the relevant supporting facilities in the construction of the data rights system so that it can be matched with the protection system in time,so as to provide full,timely and comprehensive protection of data rights.
Keywords/Search Tags:Digital economy era, Data right, Legal protection
PDF Full Text Request
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