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Research On Legal Issues Of Enterprise Data Empowerment

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y B ZengFull Text:PDF
GTID:2506306131992419Subject:Law
Abstract/Summary:PDF Full Text Request
Human society has entered the information age,data has become the most significant fortune.With the advancement of information technology,enterprises’ demands for data confirmation have become more and more strong,but the law has not made clear provisions on corporate data rights.It is necessary to give enterprises data rights.The main body of the enterprise data right is a legal person or an illegal organization.The data conforms to the certainty,independence,and controllability of the object of the right.It can become the object of civil rights.The premise of the company’s right to personal data is anonymization.On the one hand,The enterprise paid for the collection of data;on the other hand,through the anonymization of the data,the personal data became anonymized data,and new objects were generated,thereby obtaining the data rights originally.The corporate data as an object satisfies the property characteristics of independent existence,property value,and exchangeability.It includes ordinary data and anonymized data,but the data cannot be incorporated into the existing property rights system and should belong to a new type of property rights.Enterprises enjoy the right to collect,store,and use data,and at the same time have the obligation to protect the security of personal data.As personal data involves citizens’ communications and personal privacy,based on the constitutional superiority and protection of privacy rights,differentiated consent rules should be applied to such special data.Regarding the restrictions on the data storage time of enterprises,the rules of "special provisions such as laws,regulations and rules-natural person account cancellation time-network service duration" are proposed.In order to balance the conflict of rights between personal data protection and corporate data rights,it is necessary to clarify the principles of corporate data activities,corporate responsibility for engaging in illegal data activities,and standards for data anonymization.Finally,based on reference to extraterritorial legislation,It is proposed to establish a data re-identification risk assessment mechanism to avoid the occurrence of personal data leakage due to the non-absolute nature of anonymization processing technology.
Keywords/Search Tags:Data, Enterprise data rights, Reasonable limit, Conflict balance
PDF Full Text Request
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