The Protection Of Enterprise Data Property Rights In The Era Of Big Data

With the advent of big data era and the rapid development of data economy,data resources,as a kind of new property,begin to show its huge commercial value and become a hot strategic resource.In the development of data industry,the government,enterprises and individuals all play an important role,among which enterprises are the backbone.Driven by the interests of data property,enterprises invest a lot of resources and costs to continuously develop and improve data technology,so as to promote the prosperity of data industry and the efficient development of data economy.With the development of the data industry,the legal rights disputes related to economic interests are gradually emerging.However,the current legal system of our country has not made clear and systematic provisions on the protection of enterprise data property rights.In judicial practice,as for the protection of the interests of enterprise data property,referees often provide absorption protection under the framework of traditional legal system.In view of this situation,how to provide more complete system protection for data management enterprises has become the focus of academic research and discussion.For the above problems,the mainstream views of academic circles are roughly divided into two categories.One is to advocate the absorption and protection of enterprise data property under the existing legal system,for example,under the anti unfair competition law,intellectual property law and other legal systems,the enterprise data property is included in its protection scope through system interpretation or general provisions;the other is to advocate the establishment of a new type of enterprise data property According to the property rights,for example,referring to the judicial practice of the United States,we should build China’s "data embezzlement system",create "data quasi property rights" and the dichotomy of enterprise data management rights and asset rights,and empower enterprise data products by establishing new data property rights,so as to provide clear legal basis and complete protection for enterprise data property rights.This paper analyzes the construction mode and internal logic of each theory,compares the advantages and disadvantages of each other,and tries to summarize a new path of data property protection in line with China’s national conditions and the development of data economy.In this paper,the system design of new enterprise data property rights is mainly divided into several aspects.One is the main power structure of enterprise data property rights subject,including enterprise data control right,enterprise data use right,enterprise data revenue right and enterprise data disposal right;the other is the behavior norms of data management enterprises when they collect data,that is,they mainly follow the "network security law".There are two main rules in terms of restrictions on personal information protection: limited to the necessary scope +Express collection and use of information rules + user consent;the third is the coordination of enterprise data,personal data and government data,do not ignore the legitimate rights and interests of individual data,protect the data security of each user,and data enterprises should abide by the corresponding laws and regulations,and make full investment In the research and development and production of data products and databases,the government should do a good job in macro-control,strengthen the supervision of the data industry,increase the support for emerging industries,and formulate policies and systems that benefit enterprises;fourth,improve the transaction mechanism of enterprise data property,establish a comprehensive data transaction platform under the background of government public power,and establish the corresponding new supervision mechanism The fifth is about the infringement protection of enterprise data property rights.For the infringement of enterprise data property rights,China’s "network security law","criminal law" and other laws will become the most effective protection of the subject of rights.The last is the restriction system of new enterprise data property rights,including the restriction based on the market economic order Based on the limitation of data public interest and the construction of legal supervision system of enterprise data property rights.The above is an attempt to build a new type of enterprise data property rights.At present,it seems that the establishment of a new type of enterprise data property rights conforms to the fundamental rights and interests of data enterprises in the current data era,which is conducive to stimulating the enthusiasm of enterprises to invest in the research and development of data products,and promoting the sustainable development of data economy.