The Ownership,Utilization And Protection Of Data Under The Background Of Big Data

With the rapid development of big data technology,data has become an important part of the Internet and runs through all aspects of people’s production and life.Especially in recent years,the popularity of mobile applications has accelerated the generation and circulation of data,which mainly includes personal data and enterprise data.Different data involve different users and stakeholders.Some data also have multiple stakeholders at the same time.How to clarify the ownership of data among stakeholders and regulate it in the form of law is the premise of using and protecting data.A comprehensive examination of the current situation of data legislation at home and abroad will find that the current data legislation mainly focuses on the protection of personal data,while the regulation of enterprise data or business data has not attracted enough attention.In the judicial practice of commercial data infringement in China,it is basically to reconcile the disputes over commercial data rights and interests from the perspective of anti unfair competition law or intellectual property law.Obviously,the current legal system is not perfect in regulating the ownership division of data itself and the rights and obligations of various stakeholders.It is necessary to build a mature legal reconciliation mechanism to further refine the path of rights and interests protection for data.Attribution is the premise,data utilization is the purpose,and rights and interests protection is the guarantee.Only by achieving the organic unity of data utilization and protection can we better stimulate the healthy development of big data economy.From the legal level,it is to determine the ownership of data rights and interests and protect the corresponding rights and interests,so as to objectively promote the effective utilization of data.Creating a right for data can fundamentally solve the problem of data ownership.Through the analysis of data characteristics,it can be seen that data can become the object of rights.Based on the object of data,independent data rights can be created.Data right covers the dual characteristics of personality right and property right.For personal data,it is mainly reflected in personality right,while for enterprise data,it is mainly reflected in property right.When the data regulations of Shenzhen Special Economic Zone issued the draft,it tried to define the concept of "data right".Although it was finally changed to "data rights and interests",it can also provide reference for subsequent data right related legislation.All rights have legal boundaries,and data rights are no exception.While protecting data rights,we should actively promote the opening and circulation of data.Only in this way can we ensure the development of big data industry in the right direction.