The Basic Entitlement Of Data Rights Is Fulfilled

In the digital era,everyone is the subject of data creation.Different data subjects collect and process data through scientific algorithms and technical means,and obtain information content targeted at individuals or groups,which infringes on personal privacy.Data is not only related to personal privacy and data assets,but also related to the freedom of speech,network freedom and the development of virtual personality,which is the extension of human development brought by social development.The universality,independence,unique interest orientation and publicity of data itself require us to have a deeper and comprehensive understanding of data.Therefore,the research on the positioning and protection of data rights urgently needs to carry out effective theoretical construction.At present the study of personal data reflects the fragmentation,no systematic state,various theories are interwoven in the field of civil law,criminal law,lead to all sorts of theory building cannot meet the rights protection and the use of whole data,classification protected mode has no uniform standard,make the data rights does not reflect all the requirements for the rights.With the development of society,human development needs more rights protection.As a basic right,data right has its legitimate source and basis.As data becomes more and more popular in real life,data doctrine is developing towards stripping humanity and human autonomy,which is a deviation from human nature.Therefore,it is necessary to construct the basic right attributes of data rights.Personality and human dignity are the core value pursuit.The existing constitutional text and constitutional concept endows data rights with the legal basis of the realistic norm.Based on Habermas' theory of the homology of right and law and the system of basic rights,the core of rights is constructed from the inside of data rights on the basis of alienated data personality.Due to the development of information society,which not only brings the right data,reconstruct the same country,the binary system of power and right of the individual,the intervention of social public power,a third party power makes data faces national public power and the double threat of social public power,the more vulnerable individuals in the case of congenital disadvantage,in the face of strong public power authority,From the perspective of social development and change,the basic rights of digital rights should be promoted to balance the inequality and imbalance between power and rights.The basic rights of digital rights are the best weapon to solve the problem of data infringement.