Research On The Attribute Of Data Rights From The Perspective Of Civil Law

In the data age,the new phenomenon of taking data as both the information medium and the information ontology has become a new feature of the times.With the development of data economy and the upgrading of big data’s technology,the demand for data has been continuously promoted,and the data has become an important asset for the development of enterprises.But the process of data development is always accompanied by the difficult problem of personal information leakage,how to reconcile the conflict of interest between data utilization and personal data protection.The premise of data transaction requires the clarity of property right,which is the attribute of data right under the angle of civil law.This article is composed of five chapters plus introduction and conclusion.The specific contents of each chapter are as follows:The first chapter proves that the data can be regarded as the object of right.Data is the logical starting point of the thesis,and the data has the essential attribute,the physical attribute and the social attribute,which lays a foundation for the legal definition of data.The premise of discussing the right attribute of data is that the data right is a kind of right,and the presentation of "data right" is the social condition that data becomes the object of right.The particularity of the subjective and objective aspect of data is the necessary condition for it to be the object of right.The second chapter reviews the state of data in the judicial practice.In the judicial practice,there are many patterns of data patterns,which are mainly reflected in different cases.In the civil case,the data can be regarded as the object of property rights and the right of privacy;In criminal cases,data is regarded as the object of many kinds of crimes,which shows that the legal attribute of data has not formed a unified viewpoint in the sense of criminal law,and the data in intellectual property cases can be used as the object of copyright protection,It can also be protected as atrade secret,and can also be protected by the general provisions of the anti-unfair competition law.Judging from the types of data disputes,the most important issue in the use of data is the unclear definition of rights attributes.The third chapter summarizes and evaluates the theoretical achievements of the attribute of data rights.The existing data rights attribute theory includes property rights theory,new personality rights theory,intellectual property rights theory and new property rights theory.On the basis of recognizing the rationality of these theories,it points out that there are three major shortcomings: that is,the right construction and the judicial practice are out of line,the lack of evidence and data analysis,and the path dependence and theoretical innovation are contrary to each other.Finally,on the premise of summing up experience,it is proposed that data has dual attributes of property interests and personality interests.Chapter 4th demonstrates the binary pattern of data rights attribute.First of all,it is decided by the binary structure of data,The data content highlights the interests of personality,while the data carrier emphasizes the interests of property,which are inseparable from the whole interests.Secondly,from the perspective of balancing the interests,it demonstrates that both economic development needs and personality(or privacy)protection need to highlight that data development cannot be one-sided.Finally,it is proved from the requirement of maintaining the logic unification of the legal system that the data can help complete and develop the theory in the traditional civil law right system.Chapter 5th constructs the system of data rights based on the binary pattern of data rights attribute.Data rights should be inclined to the bundle of rights.Data rights pedigree includes data property rights and data personality rights.Data personality rights and data property rights should be coordinated to ensure the healthy development of data economy.