On The Attributes Of Personal Network Data Property Rights And Legal Regulations

With the development of modern information technology,especially the popularity of the Internet and the widespread use of Internet terminals,a large amount of Internet data has been produced.The ability to use data is almost a criterion for judging the degree of development of a country.China's big data industry has developed vigorously in recent years,it brings a new industry to a new economic development model,but behind this prosperous,there are problems that we need to seriously consider and solve:where does the ownership of data comes from,and what rights does the original originator of the data have on data?What kind of legal regulation should we adopt to protect the rights and interests of personal network data producers while also promoting the development of the data industry?Property rights are the basis of the transaction.The number and amount of data transactions in China have increased every year.Behind frequent transactions,we will find that so far,China has not legally defined the legal nature of the property rights of data.In mean time,big data wasn't came from nowhere.Without the produces of original personal network data,it is impossible to build data sets and eventually big data products.Users of big data products gain huge economic benefits in the process of processing and using personal network data.They obtain personal network data from data producers but do not pay the corresponding price.Through the method of co-contracting,enterprises have semi-forced collection of personal network data,and even illegal capture;this type of behavior leads to repeated violations of the property rights of the originator's data of the original personal network data.This article believes that personal network data is the source of data products.Personal network data has property attributes.It should protect the property rights of personal network data through legal regulations.This kind of protection is beneficial to stimulate the holders of personal network data to bring their own data into the market circulation.The original data producers can more freely choose the degree of openness to their own network data,thus playing the role of protecting their data rights;At the same time,illegal data will be cast out with legitimate data,so it would promote the development of the data industry with market-oriented personal data transactions.This article will demonstrate that personal network data has property rights and property rights should be based on the use of legal theory,try to legal regulation of personal network data property rights,and come to personal network data property rights protection Suggestions.