Exploration On The Legal Mechanism Of Individuals Sharing The Property Interests Of Data

Data is different from information.When the information carried by data is identifiable,the legal protection of personal information(the object of personality rights)extends to the data(the object of property rights),causing personal data has the attribute of "personality property".The generation of economic value of personal data depends on the continuous cooperation between personers and data processors.Individuals,as "prosumer ",data contributors and bearers of negative effects of personal data processing activities,should have the right to substantially share property interests arising from personal data.The ideas of "personal data property ownership","personal data unions" and "personal data trusts" all treat data as "individual property" and thus require data processors to pay individuals financial compensation prior to data processing activities.In fact,these recommendations do not satisfy the appeal of individuals to share the benefits of data property.The personal data can be aggregated,made searchable,and stored in a pristine state for a remarkably low cost,suggesting that personal data should be treated as "collective property".Therefore,on the one hand,data cooperatives can be established by non-profit organizations to participate in the formulation and implementation of data processing and interests distribution rules on behalf of individuals,forcing data processors to directly yield interests to personer.On the other hand,the state should use taxation as a tool to establish incentive and competition system and levy "Data dividend tax " on data processors.The tax income will be incorporated into the Digital fund,which will be used to improve public services,support emerging digital enterprises and serve the development of the digital economy,so that individuals can indirectly benefit from a sound public service system and sufficient market competition.Finally,a new pattern of "individual sharing of data property interest" will be formed,in which the state collectively pays,data processors take the initiative to yield profits,and individuals actively participate.