Construction Of New Data Property Right

With the development of data economy,data’s property value has become increasingly prominent,and the competition for data information resources has also intensified.From the judicial practice and academic theory of data disputes and protection,promoting data circulation and strengthening data protection have become the problems that must be solved for the development of digital economy and data legislation.The solution of data problem should start from the definition of data.The lack of relevant laws and regulations of data leads to different views on data in judicial practice and academic theory.The definition of data needs to make clear the relationship between data and information.The idea of distinguishing data from information meets our current needs for data protection.Data and personal information are stipulated separately,which represent different interests.As the carrier of personal information,data is the simple object of property right,without personality interests.Therefore,this paper mainly discusses electronic data in binary form,excluding personal information.It is necessary to establish new property right of data.With the development of digital economy,the phenomenon of data infringement is common,and the demand of data protection is increasingly strong.The existing rights protection mode and interest protection mode can not realize comprehensive data protection,and can not adapt to the development of digital economy.The protection mode of new property right of data can realize the double protection of data in private law and public law.The establishment of new property right of data has the feasibility of subject and object.Data has independence and controllable ability and can be the object of rights alone.In addition,data has exchange value and use value and can be the object of property rights.The subject of data collection has paid a lot of manpower and material resources in the process of data collection.Based on the theory of labor empowerment,it is justified to take the subject of data collection as the object of the new property right of data.The construction of data property rights should clarify the content of data rights and solve the problems of data acquisition and change.The content of data property right includes data possession right,use right,income right and disposal right.The acquisition methods of new data property rights include original acquisition and subsequent acquisition.The right holder can realize the change of new data property rights through data transaction behavior.As the object of property rights,data needs to balance the relationship between personal information and intellectual property rights.When rights conflict,the protection of data property rights is inferior to the protection of personal information and intellectual property rights.Data has the property of public interest.When data property rights conflict with public interest,the public interest takes precedence.