Research On The Legal Regulation Of The Improper Use Of Data Information

With the rapid development of the Internet industry in recent years,big data has more and more "appearance rate" in the market,and data development has ushered in a prime time.In the Internet industry,operators can efficiently gather a large number of users by providing products or services for free,so that users can record various data information on the Internet platform.Operators can precisely analyze and predict the behavioral trends of users and gain considerable benefits while improving their own competitive advantages.Therefore,the Internet operators who expect to use data information to consolidate their advantageous position turn to the data market one after another.At the same time,the data competition war throughout the entire market,and there have been cases of improper use of data information.Therefore,it is not only necessary but also urgent to study the legal regulation of improper use of data information.Looking at the current state of regulation of the improper use of data information in China,there are deficiencies such as the absence of specific regulatory provisions,excessive reliance on general anti-law provisions,and flaws in judicial decisions,which have led to regulatory difficulties.In general,the improper use of data information will not only damage the legitimate rights and interests of data stakeholders,infringe on the interests of Internet users and the public,but also disturb the Internet market competition order.The European Union,the United States,and Japan have their own advantages and disadvantages in the regulation of data utilization.After summarizing the extraterritorial experience and absorbing the essence,this article will sort out the typical data utilization cases that have occurred in recent years at home and abroad,and classify them based on whether the means violates the will of the data stakeholders and the openness of the used data.Through the foregoing actions,we summarized the rules for determining the unfair competition of data use,and proposed whether the legitimacy of data use can be determined by whether the operator enjoys legal data rights,whether the actor violates the will of the data rights,the openness of the data used and Whether the actor violates business ethics and the principles of good faith.In order to better regulate the unfair use of data information,this paper proposes that the typified clauses can be combined with the general clauses for double regulation,and the anti-unfair competition law should be added with the type of unfair competition for data utilization,and the corresponding judicial interpretation should be introduced to embody the aforementioned typified clauses.