On The Civil Law Adjustment Of Data Circulation

With the rapid development of Internet of things information technology and data industry,more and more people gradually realize the economic value and social governance function of data.Only in circulation can data play its value,and in combination with other data,the data products formed by analysis and processing can be more effective in prediction and evaluation.Data as a new product,the nature of data,ownership and other theoretical issues are still controversial,and the legal rules of data circulation are not clear,which leads to inadequate protection of the rights and interests of data subjects,low degree of data utilization,and different legal rules and standards applicable to the dispute resolution of data.This paper will analyze the existing theoretical views,doctrines and the rules of judicial cases,and through the comparison of various existing legal adjustment modes,determine that data circulation needs civil law adjustment.Furthermore,the author refines the process of data circulation.Based on the discussion of experts and scholars' views,the author puts forward the specific ideas of the adjustment rules of civil law of data circulation,including whether the data rights should be created,the legal basis of data transfer at various stages,and the transfer methods,and puts forward more feasible suggestions to protect the rights and interests of data subjects and promote the use of data circulation.