Study On Legal Aspects Of Data Rights Protection

The arrival of the big data era has promoted the development of high-tech industries and made the life and production mode of human society more convenient and fast.Thanks to the wide application of the Internet in the world,artificial intelligence,cloud computing,Internet of things and other new technologies based on big data operations have developed rapidly,creating huge social wealth for human society,but at the same time,they have brought a lot of social problems.There are many deficiencies in the relevant legislation of data rights protection in China,which can not effectively solve the new conflicts and disputes which are increasing rapidly.To this end,the voice of all sectors of society to confirm the right to data is increasingly high,data empowerment is the inevitable trend of human towards digital civilization.This paper first expounds the relevant concepts of data and other related concepts in the era of big data,clarifies the concept and characteristics of data,and makes a simple discrimination between data and big data,data and information,and clarifies the relationship between them,at the same time,it also puts forward the value and significance of establishing data rights;then,by combing the relevant laws of data rights protection,we make a brief comment on the current situation of our country's legislation in order to analyze and study the main problems in it.Generally speaking,the relevant legislation of data rights protection in our country is scattered and the scope of adjustment is limited,so it is impossible to deal with many rule of law problems caused by the arrival of big data era according to the existing laws.Specifically,first of all,China has not formulated a special data rights protection law to define data rights,the concept of data rights,legal attributes,subject,object and content composition have not been clearly defined in the current legal provisions;second,China's data rights are seriously violated,the diversity of infringement methods reflected in the data collection,processing and use of the various stages of circulation,and the lack of existing laws to identify the responsibility for datainfringement,resulting in the violation of the relevant rights of data subjects without effective relief;In addition,the supervision and management measures of data rights protection in China are not perfect,lack of special data supervision department and have not fully realized the industry self-discipline.In order to solve the above problems,this paper compares the relevant legislation of data rights protection in the EU,the United States and Japan,analyzes its advantages and disadvantages,summarizes the legislative experience applicable to the national conditions of our country,and thus leads to the legislative recommendations to improve the protection of data rights in China.That is,on the basis of existing legislation,our country should establish the basic principle of data right protection,define the connotation of data right,make clear that data right is a new type of right that covers all data forms and has both personality right and property right,and strengthen the protection of data right by perfecting the system of data right tort liability and data supervision and management mechanism.