| Today’s society is a big data society.As human beings become increasingly data-oriented,we will leave traces of data in our daily life.With the development of era of data around the world to the importance of data also gradually increase,our country legislation also more and more focus on data in recent years,the personal information protection law(draft)"and" data security law(draft)"arises at the historic moment," civil code "is using a special chapter specifies the protection of the right to privacy and personal information.However,there are still many deficiencies.On the one hand,there are still many gaps in China’s current legislation.Whether data is the right,the legal status of data,and who the rights or interests of data belong to are still to be answered.Discuss theory for data protection,on the other hand,more still stay within the framework of the existing law,such as support for the property law protect the data of scholars believe that can be achieved through "data ownership" data said the purpose of the real right,support for competition law protection of scholars believe that within the framework of the anti-unfair competition law to protect data,can be Proponents of adapting intellectual property laws argue that data could become a trade secret or copyright.According to the theoretical support,in practice,established department laws are often used for adjudication.However,due to the lack of a unified data protection framework,the adjudication basis of the same case is different,and the adjudication results are also completely different.Therefore,this kind of data protection within the existing department law system is not in line with the requirements of the data age,and a unified framework is urgently needed to break through the traditional department law framework.This paper discusses the rules of data protection by referring to the mature "Ka-me framework" in law and economics."Ka-me framework" refers to the level of the state’s intervention in legal authorization and the protection of legal authorization through the combination of rules,which is exactly in line with the characteristics of data protection.Based on the process of data processing,this paper divides the data according to the different data subjects.The data interests on different data are different,so the rules of data protection are also different.On the basis of above analysis under the "card-mei framework" rules of data protection in our country,in view of the "card-mei framework" five kinds of the application of the rules on data respectively,points out problems,and targeted optimization Suggestions about data protection rules,including according to the data types with different number of the corresponding interests on the protection of the different design rules,perfect the data property rules and liability rules,Risk prevention and control measures will be increased,the "no-action rule" will be replaced by "pro-action rule",the legislative approach will be changed from "management-oriented" to "rights-based",and a negative list will be applied to the inalienable rule.Through the perfection of each rule in the data,in order to achieve the balance between the circulation and security of data protection. |
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