On The Dilemma Of Enterprise Data Protection And Legal Countermeasures

In the Internet era,data is increasingly becoming the most valuable asset of platform enterprises,the property interests contained in enterprise data are gradually coming to the fore,and disputes over the rights and interests of enterprise data are also intensifying.Article 127 of China’s Civil Code provides for data protection in general terms,but special legislation for the protection of property interests in enterprise data is not yet in place.In judicial practice,the courts often make decisions on disputes over enterprise data rights and interests through the general provisions of the Anti-Unfair Competition Law and the protection of trade secrets,etc.The way the courts choose to protect enterprise data rights and interests satisfies the needs of some enterprises for data rights and interests protection to a certain extent,but there are great limitations and uncertainties,which will have a negative impact on the development of the data industry and the marketization of data elements in the long run.As the legal attributes of enterprise data are still controversial,there are many different opinions on the choice of the protection method of enterprise data in the academic field,including the right in rem,the separation of "ownership/authorization-operation/usufruct",the right to hold data resources,the right to process data and the right to use data.There are many controversies in the academic circles,such as the doctrine of property right,the doctrine of "ownership/authorization-operation/usufruct",the doctrine of "the right to hold data resources,the right to use data processing and the right to operate data products" and the doctrine of new property right.Enterprise data carries multiple interests and value objectives,and it is necessary to solve the problem of balancing the interests of all parties on the data and the problem of coordinating multiple value objectives.In order to solve the realistic problem of protecting the rights and interests of corporate data,this paper compares the choices of the academic circles on the path of enterprise data protection and analyzes the advantages and disadvantages of these protection methods through literature analysis,value analysis,logic analysis and case analysis.On the basis of clarifying the characteristics and legal attributes of enterprise data,it is proposed that the property right of enterprise data is a path that can solve the difficult problem of protecting enterprise data rights.The main contents of the article are as follows: Chapter 2 defines and clarifies the concept of enterprise data.It focuses on the relationship between data and information,the scope of the data concept,as well as the position of enterprise data in the overall data classification system.It also clarifies and demonstrates the characteristics and legal attributes of enterprise data,and displays that the legal attributes of enterprise data,such as property interest and independence,meet the requirements of the nature of the right object.Chapter 3 explores the existing protection paths of enterprise data and their limitations.The intellectual property law path,the trade secret law path and the general provisions of the anti-unfair competition law path are all facing difficulties in the protection of enterprise data,and cannot yet meet the legal needs for the protection of enterprise data interests.The reason is that the legal attributes of enterprise data are not compatible with the purposes and requirements of these protection paths.Based on the analysis of the limitations of the above protection paths and their reasons,the article points out the necessity of property rights protection for enterprise data.Chapter 4 provides a theoretical justification for the property rights of enterprise data.On the one hand,it compares the background of the existing property rights of enterprise data and discovers that the Lockean labor property theory,the "incentive theory" under utilitarianism and the theory of property rights economics have a significant impact on the legitimacy of the property rights of enterprise data.It is found that Lockean labor-property theory,utilitarian "incentive theory" and property economics theory have insufficient arguments for the justification of enterprise data property rights.On the other hand,it is proposed to construct the justification principles of enterprise data property rights,namely,the "property rights+ collaboration" model and the principle of balance of interests from the perspective of distributive justice,and the principle of promoting data circulation and sharing from the perspective of purposive theory,so as to complement the existing theoretical basis of data property rights.Chapter 5 discusses the construction of the enterprise data property rights system.Based on the principle of legitimacy and with reference to the existing property right system and intellectual property right system,it is an urgent problem to construct a property right system that suits the characteristics and attributes of enterprise data.The article attempts to build an institutional framework of enterprise data property rights from five aspects: the subject and object of data property rights,the content of rights,the limitation of rights and the remedy of rights,and explains how enterprises can realize their own rights.In particular,it discusses the legal remedies that enterprises can take and the corresponding enterprise data infringement remedy system in the context of data rights infringement.