Research On Legal Issues Of Personal Data Transactions

One of the core issues in regulating personal data transactions is to handle the balance between the two values of personal data protection and personal data utilization.Personal data transactions and personal data protection are mutually reinforcing.Standardizing personal data transactions is conducive to reducing the risk of personal data leakage,and protecting personal data security is a guarantee for the healthy development of personal data transactions.Therefore,this article analyzes the relationship between personal data and personal information,and the legal status of the data trading platform from the introduction of the objects and subjects of personal data transactions.It also raises the problems of the unknown legal nature of data and the legal nature of personal data transactions in China.Based on the reference to the development of data transaction practices in the United States and the process of personal data protection in Europe,the legal attributes of the new data property rights are clarified,and the point of view of the property rights that data operators enjoy in their data products is recognized.At the same time,it is recommended that the principle of informed consent be implemented during the collection of personal data,clarify that the nature of personal data transactions is a right-to-use transfer mode,and establish data anonymization rules in terms of determining standards and classifying risk levels.Finally,from the perspective of protecting the legitimate rights and interests of personal data subjects,it puts forward suggestions for the judgment of tort liability and the public interest litigation system for personal data,and strengthens the protection of the legitimate rights and interests of personal data subjects at the level of judicial practice.