Research On Property Rights Of Network User’s Behavior Data

The behavior data of network users is a kind of data type categorized from big data by the source subject and generation mode.From the perspective of law,big data should be regarded as an abstract and collective concept,which is different from the definition given by the field of network information,Different types of data involve different civil rights,so it is necessary to separate them and discuss in detail.The peculiarities of behavior data are as follows: It comes from a large number of Internet users which makes it very connected to natural person,but at the same time,it only expresses the traces of behavior,and does not show specific identity information,so we can’t simply assume that this is privacy.Under such a premise,it is very difficult to claim the benefits generated by the connection between an individual and his behavior data from the aspect of personality rights,but it is more logical to analyze it from the aspect of property rights.Big data has an attribute of "strong property and weak personality",which is more obvious in behavior data.With the rapid development of the network industry,users’ behavior data can not only enable the company to make more efficient and accurate business policies,but also help the government to formulate more comprehensive policies,which reflects increasingly high commercial and public value.Therefore,it is particularly necessary to solve the problem of the legal blank of property property.After expounding the connection and difference between the three concepts of "big data","personal information" and "behavioral data",this article first explains the significance of the research object,and then focuses on the property rights of the network user’s behavior data,which mainly includes: To prove that the behavior data belongs to the object of property rights,to specifically analyze the types of property rights,subjects of rights and interests,liabilities of behavior data,This can be used to provide theoretical support for the acquisition,processing,analysis,utilization and transaction of behavior data and the emergence of new situations in the future.In the final chapter,this paper gives some supplementary Suggestions on legislation in the hope of contributing to the rule of law construction of the whole data concept.