Product Category
In the era of big data, how to confirm rights?
Release Date:
2022-01-19 15:14
For Gao Fuping, director of the Data Law Research Center of East China University of Political Science and Law, the most impressive thing is that Shenzhen mentioned the classification of data rights in its legislation, namely that natural persons have data rights to personal data in accordance with the law; public data is a new type of state-owned assets. The right to data belongs to the state; the subject of the factor market also has the right to data, which shall not be violated by any organization or individual.
"The "Regulations" allocate the property rights of data to three types of subjects, but the three types of data overlap, and it is very likely that three types of rights coexist in one data. If the rights of these three subjects are in the same position, it will inevitably have Conflict." Gao Fuping said.
He pointed out that the personal data protection system cannot open the construction of the data element market, which is not just for privacy protection, "Imagine that personal data flows like air in the whole society. If everyone has the right to decide on personal data, then When companies and governments want to use personal data, they have to negotiate and obtain consent from everyone, and the transaction cost is very high.”
He advocated that data resources should create and allocate data rights in accordance with economic laws, and follow the principle of "whoever produces the data decides", that is, whoever produces the data enjoys the initial rights, and can start the circulation and social use of the data. Flow and mixing with new data makes sense, and after mixing, the boundaries of data become blurred, and ownership becomes blurred in the data world, and data rights are likely to be control rights based on factual control in the end.”
keywords
Related news