Research On The Legal Regulation Of Big Data Transactions In China

In recent years,global data trading activities have developed rapidly.In 2014,the scale of big data trading in China has increased year after year,and big data trading platforms have emerged all over the country.This development is conducive to maximize the value of data and realize the sharing of social information and knowledge,but at the same time,China’s big data transaction is also facing a series of problems such as illegal data transaction and frequent data disputes,which reflects the lack of regulation on personal information protection and transaction platform governance in big data transaction.Based on this,this paper studies the legal regulation of big data transaction in China.Based on the investigation of the existing laws and regulations related to big data transaction in China,this paper analyzes the current situation and existing problems of the legal regulation of big data transaction in China:in legislation,first of all,there are many arguments on the protection of data rights and interests in China.Secondly,there are inconsistencies in the provisions of data trading rules in normative documents at all levels,such as the vague provisions on the qualification of trading subject of natural person,the scope of trading object and the obligations and responsibilities of trading platform,which may hinder the full circulation of data and the protection of personal information.However,in terms of law enforcement and supervision,the regulatory authority of local regulatory agencies in China’s data transaction regulatory system is not clear,which may lead to mutual prevarication and low efficiency.Therefore,this paper studies the legislation and practice of big data trading in foreign countries from three aspects:data rights protection,data supervision and the development of data trading platform.Based on the analysis and reference,this paper puts forward corresponding suggestions:first,build the principles to be followed in data right confirmation,The data property rights are defined based on whether the transaction involves multiple subjects;On the issue of data trading rules,the national level should make overall legislation,and focus on the construction of hierarchical protection mechanism of personal information.Secondly,we should build a multi-level supervision system and a regional cooperation supervision system under the leadership of the central national security leadership;In terms of industry self-regulation,implement the data trading regulatory obligations of big data trading platform.From the perspective of legislation and law enforcement,the balance between the development of data trading industry and the security of data trading should be maintained.