On Personal Data Property Rights

Personal data refers to the data that can directly or indirectly identify a specific natural person and has use value.With the continuous development of Internet technology and data industry,data is closely related to people’s work and life.As an important kind of data,personal data has become an important social resource in the data era,and its economic value has become increasingly prominent.China’s General Principles of Civil Law stipulates "personal information" and "data" respectively in its chapter on civil rights,which represents the recognition of data rights in legislation and proves that the protection of personal data will be followed by rules and regulations.However,the concept of personal data is not clear,and the right attributes have not been clearly defined,leading to the repeated occurrence of personal data security problems,personal data protection is facing challenges.This requires a reorientation of the value and status of personal data in law.In addition to continuing to use traditional models of human rights protection to protect personal data,it should also be recognized that individuals have a property right to the commercial value of their data.Based on this,this paper proposes to endue personal data property rights,and carries out theoretical research on the content,exercise and protection of personal data property rights.Therefore,this paper focuses on the core argument of personal data property rights,which is divided into the following four parts:The first part,through the study of personal data,further clarify its essence;It also introduces the origin and connotation of the right to personal data to pave the way for the subsequent research on personal data.The second part,to the core civil rights object of property rights for personal data research,demonstrates that personal data can be used as the object of civil rights,on the analysis of the right of personal data property dispute,examines the personal data as personality right protection undistributed objects at the same time,demonstrates its rationality as the objects of property rights;By placing it in different property right object research,we find its fit with property right object,and find the theoretical basis for the construction of personal data property right.The third part,by establishing the property right of personal data,analyzes the connotation of the property right of personal data,the original and subsequent acquisition of the subject qualification,the object and the content of the right in detail,and provides guidance for the exercise and protection of the property right of personal data.The fourth part discusses the way,scope and duration of personal data property right,and puts forward the remedy measures of personal data property right.