Research On The Legislative Configuration Of Personal Data Rights In Cyberspace

Personal data in cyberspace,is one of the most important production factors in the era of big data,which contains huge data dividends and development prospects,and is known as "oil" in the information age.Mastering more personal data in cyberspace means mastering more voice and initiative,so in recent years,disputes over per sonal data in cyberspace are increasing and more complicated.It is not only the need for human rights and the development of data market and industry,but also for social order and governance to study the legislative configuration of personal data rights in cyberspace and strive to realize the right of personal data in legislation as soon as possible.In the Civil Code of the People's Republic of China,the word,Personal information,appears on the chapter of civil rights,but the Civil Code does not express as Personal information right.However,China's legislations stipulate that the collection and use of personal data in cyberspace should follow the Consent Rule.To a certain extent,the effect of requiring prior consent is actually equivalent to the effect of legislative configuration of personal data rights in cyberspace.Personal data in cyberspace produced isn't natural resource.With the popularization of intelligent devices and internet terminals,personal data in cyberspace can be collected in large quantities anytime and anywhere.Data practitioners use technical means to develop the value of date.By analyzing date,discovering rules and even predicting the future,they can provide customized and personalized data products or services to enjoy data value.Identifiability is a universal standard to define personal data in cyberspace at home and abroad.Being able to identify natural persons determines that personal data in cyberspace is bound to be related to personal interests.Besides,many subjects have interest demands for the personal data in cyberspace.All of them prove the necessity,possibility and feasibility of configuring personal data in cyberspace,which provide the legal basis of legislative configuration.Therefore,it is necessary to confirm personal data rights in cyberspace.At present,the main problems that hinder the process of legislative configuration are the disputes of the right subjects,the vague right boundaries,the imbalance of the existing legal relationships and the mismatch between the new resource and the traditional legislative path.China has followed the Personal Control Theory to stipulate the Consent Rule,but because of its excessive dependence on human rationality and neglect of public interests and other shortcomings,it is only a formality in practice.In addition,there is no clear legislation for personal data in cyberspace,only relevant regulations and standards have been formulated.In practice,most of the disputes are solved by Law of the People's Republic of China Against Unfair CompetitionIt can be seen from the experience of legislation on personal data in cyberspace in other countries that European and American countries take human rights as the basis of empowerment,but European countries adopt the way of independent legislation from the perspective of personal dignity,while the United States adopts the way of privacy and decentralized legislation + industry self-discipline from the perspective of human freedom.Only when we face up to and answer the problem of legislative configuration of personal data rights in cyberspace in view of the current legislative defect and judicial dilemma,can we open a gap for data legislation.Therefore,the Social Cybernetics can be used as a theoretical support to break the barriers of data flow,and follow the principle of scenario to expand the inclusiveness and predictability of legislative configuration.The right to personal data in cyberspace should be positioned as a new comprehensive right,taking into accounts both person and property.Specifically,personal rights of personal data in cyberspace are aimed at the personal interests,including the right to necessary consent,the right to know,the right to modify and the right to delete.Property rights of personal data in cyberspace are for any subjects who have economic interest,including the right to collect,the right to use,the right to data portability and the right to benefit.At the same time,protecting the social public interests in the way of setting obligations or responsibilities,so as to achieve the goal of not only protecting the personal interests,but also promoting the market-oriented use of personal data in cyberspace.