Research On The Protection Mechanism Of Public Interest In The Allocation Of Personal Data Ownership

In the context of the era of artificial intelligence leading social development,personal data has extremely important political,economic and social values,but the conflict between the private and public interests contained in it is nowhere to be found,and it is urgent to find a good way to balance it.Starting from the essential characteristics of personal data,the circulation and use of personal data is often accompanied by economic phenomena such as "free-riding","tragedy of the commons" and "agent-agent".The public interest contained in personal data is often misunderstood and ignored,and the legal protection mechanism for public interest in personal data is in the absence.In China with a "socialist market economy" as its basic political and economic system,"socialism" values "public interest".China has adopted the "socialist market economy system" for more than two decades,and the term "public interest" has been abundantly used in the text of the basic legal system.Public interest is a frequently used and significant legal concept in China’s current law,and it is also the result of the socialist countries’ particular emphasis on the basic value of fairness.Clarifying the concept and scope of the public interest at the legal level is particularly important for data circulation and processing.At present,two methods of data use,"notify consent" and "data anonymization",are considered as common paradigms to promote data circulation and protect privacy and security,but they cannot take into account all the rights and interests involved in data circulation processing.The National People’s Congress and its Standing Committee attaches great importance to legislation on the protection of citizens’ personal information and data security.The 13 th National People’s Congress has incorporated the “Data Security Law” and “Personal Information Protection Law” into the legislative plan.This article aims to propose four types of data public interest theories starting from the essential characteristics of data and the concept outline of public interest,namely: collectivism theory,free software theory,public domain theory,and civilian theory.Based on the shortcomings,the idea of protecting the public interest of personal data is put forward from the concept,principle and system level.First of all,in chapter one,the era of artificial intelligence based on the development of massive data has come.The legal public data protection mechanism that should be in the legal level in China is in a state of absent.The public interest in data and the individual private interest are dependent and conflicting.Starting from the nature and characteristics of personal data,the three economic phenomena of "free-riding","tragedy of the commons" and "agent-agent" frequently occur during the circulation and processing of personal data.The current general method of data circulation and processing,but it cannot balance the interests of all parties,and cannot meet the legislative needs of the Data Security Law and the Personal Information Protection Law included in the legislative plan of the National People’s Congress.Second,the second chapter will combine the inherent attributes of personal data with the concept and scope of public interest,and propose four theories of public interest protection in the allocation of personal data ownership,namely: collectivism theory,liberalism theory,public domain theory,and Civilian theory.Then,Chapter Three analyzes the model,background,value orientation and degree of public interest protection of data protection legislation in the United States and European Union to compare the gains and losses of their data protection systems.The United States adopts the "supplementary existing laws and industry self-regulation model." Although its choice of data legislation mode is slightly detrimental to the privacy protection of personal data subjects,it has promoted the free circulation of data and the rapid development of the artificial intelligence industry.The European Union adopts the "Regulations and Member States Legislation" model.Although this model strictly protects the security of personal data,it hinders the circulation and effective use of data,and the public interest over personal data is blurred and ignored to a certain extent.Finally,based on the theoretical basis of the first three chapters,Chapter 4 provides China with a socialist country with a personal data ownership allocation mechanism that conforms to national conditions.First,the concepts and principles that should be followed in personal data protection legislation,namely the principle of balance of interests and the principle of collectivism,are put forward.At the institutional level,speed up the legislative process of the Personal Information Protection Law and the Data Security Law,and propose standards for identifying "public interest" in the legislation,and clarify the circumstances under which individuals or institutions(whether national institutions,private Institutions or third parties)can process personal data for the purposes of "public interest",how to reasonably evaluate the "public interest" in personal data,and the conditions that need to be met when processing data for the purpose of "public interest".In order to protect the "public interest" in the allocation of personal data tenure,it is imperative to establish a data management agency and distinguish between general data and sensitive data.