Research On The Legal Issues Of Data Rights Protection In Big Data Transactions

The implementation of the national big data strategy was clearly put forward at the Fifth Plenary Session of the Eighteenth Central Committee of the Communist Party of China,and the basic strategic resources of the big data were raised again.The data with the name of diamond mine in the 21 st century has attracted more and more attention in China.Its status has risen to the height of national basic strategic resources."Implementing the National Big Data Strategy" was put forward at the Fifth Plenary Session of the Eighteenth Central Committee of the CPC.In order to accelerate its entry into the data power and promote the development of big data in an all-round way,the central government issued the Platform for Action to Promote the Development of Big Data.In 2018,the leaders of Guizhou Provincial Committee and Internet leaders jointly discussed the development strategy of big data.Innovative applications in every industry are embedded in big data,which has attracted worldwide attention.However,at present,the legislation lags behind the practice in the big data industry,which restricts the further development of big data.Guiyang Big Data Exchange was established in December 2014 with the support of Guizhou Provincial Government and Guiyang City Government.It is the first big data exchange in China and even in the world.It was selected as the first batch of key enterprises in the National Big Data(Guizhou)Comprehensive Test Zone in 2017.Starting with the form of investigation report,the paper obtains first-hand data related to big data transaction through field investigation,investigation and data collection at Guiyang Big Data Exchange.Accordingly,the second part of the paper collates and analyses the data collected through empirical investigation,and puts forward the concepts of big data and number weight.The third part of the paper analyses the problem of the number right in the big data transaction industry of our country,points out that there are four problems in the legal system of the big data transaction in our country,and considers that there are also some problems in practice,such as imperfect government data and lack of open public data.According to the above analysis,the fourth part of the paper puts forward eight suggestions to improve the legal protection of the number of rights in big data transactions in China.This study consists of five parts: introduction.The introduction starts with the background and significance of the topic.This paper analyses the basic research situation in this field in China and abroad,points out the difficulties and key points of this research,and explains the research ideas and methods.The first chapter describes the research process and data collection,focusing on the key research objects and the detailed process of the research.In the second chapter,the concept of big data is elaborated,the concept of big data is compared with other related concepts,and the function of big data is discussed.Among them,the concept of data transaction is elaborated,the essential legal attributes of big data transaction are pointed out,the industry of big data transaction is introduced,the nature of number right in industry is discussed,and then the function of big data is discussed.Research on the status quo of data trading industry and the issue of number rights.Chapter three discusses the existing problems of the number rights in the big data trading industry.It points out that the main problems existing in the system level of the big data transaction industry are as follows: first,the lack of legal norms for data transaction supervision;second,the problem of ownership of property rights;third,the risk of several rights caused by uncertainties in the relevant factors of the big data industry;fourth,the lack of data desensitization and privacy protection.It points out that there are some problems in the current practice of big data transaction: first,there are problems in the market mechanism;second,the government data disclosure system is not perfect;third,the openness of open data is not enough;fourth,illegal transactions seriously affect the healthy development of industry.Chapter IV puts forward the author's countermeasures to improve the legal issues of large data transactions,including: firstly,defining the ownership of large data rights through legislation;secondly,improving the normative system to establish a reasonable regulatory mechanism;thirdly,improving the security mechanism of open public large data platform;fourthly,improving data openness and eliminating the digital divide;fifthly,rationally defining the data rights of individuals and enterprises;and sixth,restricting non-compliance.Legal transaction;Seventh is to regulate data transaction behavior to ensure transaction security;Eighth is to improve the market trading mechanism.At the end of this paper,the conclusions and prospects of this study are further summarized and elaborated.