On The Legal Attribution Of Data Rights

The legal attribution of data rights is of great significance to protect the legitimate rights and interests of data subjects and resolve data disputes.According to statistics,my country has nearly 900 million netizens active in cyberspace.These netizens are the data subjects bred by the digital economy.Netizens generate a lot of data every day through frequent data behaviors,such as using the Internet for registration,browsing,and clicking.In the era of the digital economy,using data for development is what everyone expects,but the imperfect legal system can easily cause chaos in the data market.The main body of the data is not clear,so that the main body that generates the data,uses the data,and changes the data by technical means thinks that they should have the rights and interests of the data,which eventually leads to the outbreak of contradictions.A thorough analysis of the attribution of data rights can deal with contradictions from the root causes,and can promote better circulation and utilization of data,and solve the data processing bottleneck brought about by the "information cocoon room" and the "data island".At present,according to the dispute over the status of the main body in the dispute,it mainly exists between individuals and network operators in the field of private rights,or between network operators that have a competitive relationship in the same industry.The identification of the subject in this article is mainly based on the understanding of data and the attributes of data rights,which can clearly distinguish two aspects of personal data and corporate data.The qualification of the subject of personal data is judged by the recognizability of the data user data information collected;the subject qualification of the network operator in the enterprise is divided into two different paths for consideration.Adhere to the maximization of data efficiency,so that data rights subjects can enjoy more complete protection in the data circulation as the starting point.Through the elaboration of data types,characteristics,and life cycles,the combination of data rights is defined as the dual attributes of personality rights and property rights.Guided by principles,standardize the data behavior of data subjects,set up a safety net for data rights protection,let the subjects and the rights and interests of the subjects are under the legal protection framework,so that the circulation of data gets stronger legal support.