Data Rights Research For Data Controllers

In recent years,the data industry is in the full swing of development,and the value of big data has become increasingly prominent.Data controllers,as the backbone of the industrial development,have undoubtedly invested huge costs in the incubation of data value,and thus have interests in data.With the increasingly fierce competition for data,it has become a realistic demand to clarify data property rights and give corresponding data rights to data controllers.The main point of this paper is that data rights should be constructed and the behavior of data controllers should be included in the regulation of law.The main content of this paper is from the perspective of clarifying the relevant rights of data controllers,setting up the right basis for their rational use of data,responding to the data rights appeals of data controllers,and placing their behaviors under the framework of legal rules.The first part explains big data and its controllers,and determines that the scope of application of data rights refers to the data rights owned by natural persons and commercial platforms to the non-personal data and data sets legally collected by them.In the second part,we first demonstrate the property property of data according to the characteristics of data.Secondly,data controllers invest a lot in the process of data value incubation and consume a lot of manpower and material resources,and they play a core role in the development of data economy,so they should be willing to recognize and protect their data interests.The data interests of the data controller have the independence and the legitimacy of sharing.From the perspective of the cost-benefit analysis of the property rights arrangement,the data property rights granted to the data controller can achieve the maximum efficiency and the maximum social welfare.In the third part,four data protection modes are evaluated and analyzed.At present,the academic discussion of the main ways of data control rights activist has the following four kinds,namely through the creditor’s rights,property rights,intellectual property rights protection and anti-unfair competition law,but the path protection deficiencies or protect the problem of excessive,can not effectively to adapt to the data ownership and use of multiple,complex legal relations,therefore,need to seek a reasonable way of protection,in order to safeguard the interests of the data comprehensive implementation.The fourth part demonstrates the rationality and construction of data right protection mode.Data controllers have rights demands for data rights and interests.In terms of its feasibility,data rights and interests are interests protected by law but not codified by law,which have the basis to rise to rights.The establishment of data rights is an abstraction and confirmation of the real rights and interests relationship,which conforms to the legitimacy standard of interest rising to rights.And the property of data right makes it impossible to be reasonably,accurately and comprehensively included in the real right or intellectual property right,so it should be regarded as a new right.From the point of view of content,the power of data rights should include positive power and negative power.The positive power starts from the data controller and sets up the specific content of the data rights,while the negative power focuses on the external coordination and realization of the data rights.Data rights are absolute rights.The positive rights and functions of data rights lie in the data controller’s ownership,use,trading and sharing of data,while the negative rights and functions lie in the exclusion of others’ interference.In the fifth part,the exercise of data rights of data controllers should be limited to some extent.It is necessary to set up obligations and strengthen their responsibilities to protect the data rights and interests of information subjects,society and the country.