Research On Typed Protection Of Data

The rapid development of information technology represented by big data and artificial intelligence is both an opportunity and a challenge for our country.In the context of a society where data is rampant,social entities are also facing unprecedented negative impacts while collecting and using data to create wealth and value.When that part of the data closely related to an individual’s personality rights and interests is illegally collected,abused or leaked,it will undoubtedly infringe the legal rights and interests of the individual subject.At the same time,the economic value of data is prominent,and it has become a new form of wealth.In the future,data will surely become the focus of all enterprises in the competition for resources.Therefore,when we design relevant legal protection content for the new type of data,how to balance the relationship between the security of personal personality rights and the promotion of the development of the data economy industry has become a key issue that we need to pay attention to.In Article 127 of the Civil Code,my country only made a positive statement on whether data can be protected by civil law,but the specific content still needs us to continue to study in order to solve the existing related problems in the data field.First of all,this article will start with an overview of the data,expound the basic theories such as the concept and characteristics of the data,and the legal attributes of the data.On this basis,it will analyze the relationship between data and information and personal information,and clarify the independent legal protection of data.necessity.Secondly,considering the complexity of the subjects involved in the process of data being used,the emphasis on protecting rights is different at different stages of data being used.It is difficult to find a suitable position in the traditional private law theory system.Therefore,It is proposed to classify and protect data in a typified way,and a legal argument is made.Furthermore,by analyzing the common points and advantages and disadvantages of different classification standards,it is proposed that in the sense of private law,the data can be divided into two types of personal data and non-personal data according to whether the personal identity can be identified as the criterion,and the protection should be differentiated.Finally,the article will focus on different protection systems and content design recommendations for the two types of data.For personal data,the corresponding rights and interests are given to the personal data subject,including the individual’s right to informed consent,the right to inquire and modify,the right to delete,and the right to property gains.At the same time,suggestions are made on the legislative model,legislative principles and key content of the legislation in the future personal data protection system in our country.Regarding non-personal data,based on the determination of the legal attributes of non-personal data,the legislative principles for the future non-personal data protection system are proposed,and it is suggested that non-personal data should be confirmed and protected,and non-personal data subjects should be given data control rights and special rights.Database rights.At the same time,it is recommended to adopt a combination of property rules and liability rules to protect the legitimate rights and interests of data subjects.By clarifying the right ownership and protection path of different data types,it will not only fill the gaps in the data field legislation in our civil law system,but will also solve the contradiction between the security of personal rights and interests and the rapid development of the data industry to a certain extent,thereby maintaining The stable order of the good data economy market.