Research On Data Ownership Under Data Conflict Of Interests

The advent of the information age has brought science,technology and economics to an unprecedented level,and every individual in today’s society is in the midst of a vast system of data.These data have deeply influenced people’s daily life,even called a new revolution,it can create a lot of wealth,data practitioners are more and more aware of the importance of data and its economic interests,and these economic interests generated by the big data competition and data conflict of interest has become the core problem faced by the data industry.But at the same time,due to the double interest attribute of data,the judicial issues related to data ownership are also increasingly prominent,in the face of the rapid changes in big data and technology,the unsoundness of laws and regulations,data unfair competition and other issues leading to data conflict of interest and data ownership confusion,which seriously undermines the legitimate rights and interests of data stakeholders and also hinders the development of big data technology.development.Therefore,in the era of big data,clarifying data ownership is a crucial issue.The first part,as an introduction,mainly discusses the selected topic,the current status of domestic and foreign research,and the research methods and innovations of the research on data ownership under data conflict of interest.The second part is an overview of data ownership under data conflict of interest,including the meaning of data interest,relevant subjects of data interest,situations of data conflict of interest,and the concept and theoretical basis of data ownership.The third part is the current situation and problems faced by data ownership under the data conflict of interest.By analyzing the current situation in China’s legislation and judicial practice,four problems faced by The current law lacks provisions on data property rights,there are many relevant subjects on top of data,the data scenario is variable and the object is difficult to determine,and data ownership frequently leads to unfair competition.The fourth part is about the reference of foreign laws,citing the two major regulations on personal data and non-personal data management in the European Union,the CCPA and CFAA in the United States and the 《Anti-Unfair Competition Law》 in Japan as the reference.The fifth part is the suggestions for improvement.Based on the three problems faced by the data ownership mentioned in the previous section,and with reference to the relevant legal provisions in Europe,America and Japan,four suggestions for improvement are proposed.The first is to improve the relevant provisions of data ownership,the second is to separately identify the rights of different data-related subjects,the third is to separately identify the rights of different data scenarios,and the fourth is to coordinate the rights and interests of data users and data subjects.This paper explores the issue of data ownership in the context of data conflict of interest,taking into account the property and personality interests of data,in order to safeguard the legitimate rights and interests of various data stakeholders and guarantee the efficient circulation of data.