A Study On The Quasi-property Protection Of Corporate Open Data In Chinese Law

Data as a fundamental strategic resource in the context of big data has the value of driving innovation and high economic value,and the value of data elements is increasingly prominent.It is strategically important to study the protection model of corporate data,firstly,it can provide security for user information and personal privacy.One of the important sources of corporate data is the personal information it collects.The article provides security for personal information and privacy by analyzing the sources of corporate data and corporate authority and clarifying the boundary of data use and transaction.Second,it provides order and regulation for establishing data market transactions.Data trading is conducive to stimulating the vitality of the data industry;therefore,the research on the protection mode of Chinese corporates’ open data is conducive to the formation of good rules for corporate data trading.Again,the clarification of the order of corporate data trading can encourage and stimulate the development of corporate data industry.In the context of data factorization and national big data strategy,the development of China’s big data industry is not only an important productivity for the development of domestic market economy,but also an important core competitiveness of Chinese corporates in the international market.Surrounded by the big data development strategies of the UK,US,EU,Japan and South Korea,how Chinese corporates break through the heavy siege to compete in the international market requires legal protection and institutional support at the national level.Finally,in the global context of the EU and other countries emphasizing data sovereignty and strengthening control over data,the study of corporate data protection paths is conducive to the protection of national security and national data sovereignty.Depending on the source of the data,it can be roughly divided into personal data,open data and corporate data.Corporate data,which contains labor and intellectual input,has property attributes and should be protected by private law.In recent years,typical data disputes,such as "Sina Weibo v.Pulse illegal capture of user information" and "Taobao v.Fairview infringement of data products",mostly point to corporate data in the open state,while corporate open data still face problems such as unclear legal attributes,unclear data rights,and lack of laws and regulations.The problems such as unclear legal attributes,unclear data rights,and lack of laws and regulations are still faced by corporates’ open data.In order to encourage the flow of data transactions and promote the development of China’s data industry,it is necessary to explore the protection path of corporate data.Doctrines such as the theory of prior appropriation,the theory of labor remuneration,and the theory of utilitarianism provide support for the property attributes of corporate open data at the theoretical level.The judicial practice of corporate data in China has been incorporated into the "bundle of rights" theory to explain this special property.The origin of the "bundle of rights" theory can be traced back to the 1920 s,when the American jurist Wesley Hohfeld argued that the essence of property rights is not a relationship between people and things,but a legal relationship between people consisting of a complex set of rights,including claims,privileges,powers,and rights to property.),power and immunity,etc.According to Hohfeld’s theory,each property right should be regarded as a personal right between numerous individuals.That is,several rights existing in a property are combined into a bundle of rights.In the perspective of "bundle of rights" theory,the corporate data rights and interests are a collection of rights and interests on data information,and the structure of rights and interests is bundled.In the bundle structure,there is no primary or secondary relationship between the rights and interests,but rather a "sub-bundle" of rights emanating from a common "bundle point".In this case,the court also recognized that corporate open data has property properties similar to those of goods or services,and therefore,corporate open data already has property properties in fact.Because of the diversified characteristics of the subjects of corporate open data in terms of data sources,the content of their rights and interests are complex and diverse,and the rights of corporate data have a net-like structure,which makes it difficult for the dichotomy of debt and property in the civil law system to make a reasonable explanation for the distribution of the rights and interests of corporate open data.Under this circumstance,we can consider introducing the theory of "bundle of rights" to explain this special property.The origin of the "bundle of rights" theory can be traced back to the 1920 s,when the American jurist Wesley Hohfeld argued that the essence of property rights is not a relationship between people and things,but a legal relationship between people consisting of a complex set of rights,including claims,privileges),power and immunity,etc.According to Hohfeld’s theory,each property right should be regarded as a personal right between numerous individuals.That is,several rights existing in a property are combined into a bundle of rights.In the perspective of "bundle of rights" theory,the corporate data rights and interests are a collection of rights and interests on data information,and the structure of rights and interests is bundled.In the bundle structure,there is no primary or secondary relationship between the rights and interests,but rather each "sub-bundle" of rights emanating from a common "bundle point"."The term "quasi-property right" originally originated in English equity,where the English courts used the term "quasi-property right" to describe an interest that was similar in operation to a property right.It became a special group of property rights after Pierce v.Swan Point Cemetery,and later became a term of art at U.S.common law,specifically referring to the right of relatives of the deceased to move and dispose of the deceased’s remains.The Court confirmed a limited quasi-property right over news information.Corporate open data can be a quasi-property right with limited exclusivity,which is now a property right that is both personal and personal.The quasi-property right of corporate open data is a "bundle of rights",an "incomplete property right" with some rights removed.The right holder of a data control corporate can have one or more rights in the complete property right,and each right under the right is a "bundle",and different"bundles of rights" are formed by the rights,and have different data values.For data control corporates,the quasi-property right of open data mainly includes three core rights of relative possession,productive use and value-added income of data.For data source subjects,they are not granted the right to benefit from the corporate’s data,but the right to delete,correct,and access the data related to individual users,which constitute the data "bundle of rights" of user data source subjects.Under the quasi-property right system,different right subjects enjoy limited rights,and data control corporates can use the data themselves on the basis of lawful collection and processing of data information,or license or authorize others to use or transfer their data resources to obtain economic benefits,which eventually forms a complete system of protecting non-open corporate data with trade secrets and protecting open corporate data with quasi-property rights.In order to promote the exchange and sharing of corporate data,maximize the value of corporate data utilization,fully stimulate the economic vitality of corporate data market,and realize the relationship between corporate data utilization and protection.The EU,as a pioneer in data protection,has explored a lot in the protection of data property,and has undergone the transformation from the special right of database with high intensity protection to the limited protection of data property,and has introduced the concept of data access right for the first time in the Draft Data Law,granting the right of data access to other subjects who are involved in the production of corporate data but cannot form dominion over the data.The United States,on the other hand,has chosen to provide protection by granting quasi-property rights with limited exclusivity to data.The limited protection attitude held by the EU and the United States towards data property both have important reference significance for the construction of the corporate data protection system in China.