Research On The Legal Issues Of Personal Date Property Rights

Personal data is a subordinate concept of data.It is a data that identifies a specific natural person and contains the personal and personal interests of the natural person.In practice,personal data infringement frequently occurs.The origin of this is that the current law confuses personal data with personal information and does not face the objective existence of personal data.Articles 111 and 127 of the General Principles of Civil Law respectively provide guidelines for the protection of "personal information" and "data" and place them in the chapter on civil rights.Legislation has great significance in the recognition of "data" rights.The protection of personal data will also have rules to follow.However,the ownership of personal data is undetermined and there is no primary linear protection rule.Therefore,from the perspective of legislative orientation and practice,giving natural persons the right to civil rights is a way to solve problems.This article is based on the right to personal data,divided into four parts:The first part,through the study of personal data,further clarifies its essential connotation,paving the way for subsequent research;through the combing of extraterritorial legislation and doctrine,finds feasible paths and realistic theoretical support for research;through the lack of protection of domestic personal data Face up to the problems found in legislation and the judiciary,and find practical drivers for research.The second part analyzes the “property” of personal data from the perspective of civil law and law and economics,and finds the legal basis for the “property” of personal data,proving that personal data has property nature,and then Step into the research track of personal data property rights.In the third part,the civil rights object is taken as the core to carry out the research on the personal data property right.It is argued that the personal data can be used as the object of civil rights.When the personal data is examined as the object of personality right protection,the object of property rights is demonstrated.rationality.By placing it in the study of different property rights objects,it finds its fit with the object of property rights.The fourth part,based on the objectivity of personal data,develops the construction of personal data protection mechanism.It is in favor of establishing the ownership of personal data in the existing civil rights system,and comprehensively relying on the joint protection of property rights rules,contract rules and tort liability rules,and incorporating the specific legislation on data rights in the formulation of the Civil Code.