Research On The Predicament And Outlet Of Data Rights Protection Of Internet Enterprises

Big data has brought new economic growth poles to human society,but it has also brought many problems.The protection of data of Internet companies is one of them.The Civil Code,the Cybersecurity Law,the Electronic Commerce Law and other relevant laws have already stipulated the protection and utilization of data and virtual property,but these more principled clauses are difficult.Properly resolve data disputes in the context of the digital economy in practice.In judicial practice,courts mainly use the general provisions of the Against Unfair Competition Law to resolve Internet enterprise data rights disputes,but as time goes by,the inadequacies in the application of the general provisions have gradually emerged.Because the Against Unfair Competition Law solves the problems between market operators that have a competitive relationship,if the competitor is not a market operator and does not have a competitive relationship,the law is difficult to apply.Therefore,scholars have actively explored this issue and put forward several theoretically feasible solutions based on the current legal system.The main ones are:intellectual property protection path,civil means protection path,criminal law protection path,etc.,but several theoretical paths All have their own limitations in application.Although the protection of data in Europe and the United States has changed from excessive restrictions to appropriate utilization,the transplantation of protection systems in the field of Internet companies’ data in China is hindered.Therefore,in order to promote the development of the digital economy and encourage Internet companies to maximize the economic value of data in the use of data,Internet companies should be given a limited Exclusive data rights.The theoretical basis of data right of Internet enterprises is the theory of labor property and the theory of utilitarianism.These two theories respectively provide a legitimate basis for Internet enterprises to enjoy data right from the perspective of Internet enterprises’ input in data and encouraging Internet enterprises to actively develop data resources.In the Internet on the construction of enterprise data right system,should be clear about the Internet enterprise is the right of the data subject,the object is anonymous,desensitization treatment after not able to identify the natural information of personal data generated data resources and research and development products,Internet companies to control power,access to the data,disciplinary power and profit,However,this kind of ownership system does not mean that non-personal data resources and data products are the object of ownership,just like the intellectual achievements of the right holder to enjoy the four rights of ownership of their intellectual achievements,but it is the object of intellectual property rights,rather than the object of ownership.In order to save judicial resources,infringement remedy mode should be adopted to solve the behavior of infringing the data right of Internet enterprises,instead of the current remedy mode of anti-unfair competition law which is circuitous and has limited protection scope.