| With the gradual acceleration of the development process of big data,the academic community has been paying more and more attention to the protection of big data.The Data Security Law and the Opinions on Constructing a More Perfect System and Mechanism of Marketized Allocation of Factors released by the State Council both put forward clear requirements for classified protection of big data.However,China’s relevant legislation is somewhat deficient in the classified protection of big data.There are differences in the centers of gravity of different types of big data protection,and the differences of protection contents should be taken into consideration when protecting them,so as to achieve the balance of interests of all data subjects and the optimal allocation of big data resources.Therefore,the classification protection system of big data has become an important problem urgently needed to be studied and solved in China’s laws.In this paper,on the basis of data ownership,divided into personal data,business data and public data types,by analyzing the existing in the protection of the three types of data security dilemma,vicious competition and the data sharing difficulty and its causes,using the experience of outside data protection thought his mountain,put forward the data rights defined as new rights,In addition,specific protection systems such as strengthening the right protection of personal data,constructing and constraining enterprise data resource rights,and protecting public data through management paths,etc.At the same time,relevant systems of data right infringement should be improved in combination with the Tort Liability Law of China.It is expected to improve the classified protection system of big data in China through these systems and measures,balance the rights and interests of data subjects of all parties,establish a social governance system of big data with multi-party participation,and jointly contribute to the vigorous development of big data. |
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