Conflict And Coordination Between Enterprise Data Rights And User Information Rights

With the coming of data information age,the mobility and resource of data have been significantly enhanced.Enterprises can bring huge wealth value by collecting and processing large-scale data and information.However,the conflict between enterprise data utilization and personal information protection is constant.Therefore,this paper aims to find a coordinated solution between the conflict between enterprise data rights and user information rights,so as to better promote the circulation and rational use of user information.The research idea of this paper: Through case study and comparative study,this paper starts with the conflict between enterprises and users’ information rights in the process of exercising data rights,and discusses the coordination scheme of the conflict between them.The research content of this paper is divided into four parts: The first part is an overview of enterprise data right and user information right,combing their conceptual characteristics,subject and object,and demonstrating the necessity of setting them from the legislative and theoretical levels.The second part starts with the positive and negative power of users’ information right,and explains the concrete manifestation of the conflict between enterprise data right and users’ information right.Secondly,from the perspective of technological development,the composition of rights conflict and interest conflict,it analyzes the reasons for the conflict between them.Finally,the necessity of conflict coordination is demonstrated from the following aspects: the conflict between the two will bring about an increase in the operating cost of enterprises,restrain the monopoly brought by innovation,impair the welfare of users and threaten the information security of users.In the third part,we can see from the current practice in China,the European Union,the United States and Japan that there is a problem that the existing legislation places too much emphasis on the protection of users’ information rights.In future legislation,we should appropriately relax the standard of informed consent,shift the focus of user data protection from collection to utilization,introduce contracts to guide data behavior,and clarify the specific content of information "anonymity" system.The fourth part first explains the objectives,principles and specific ideas of their coordination,and then discusses the conflict coordination between enterprise data rights and user information rights from the following aspects: clarifying the rules of entering and exiting enterprise data systems by distinguishing the types of user information,appropriately restricting the user information rights due to production,operation and management,authorizing the use of data by contract,assessing the risks of collecting and processing user information,informing the obligation of modification and deletion in time,applying the principle of fair burden of proof or inversion of burden of proof after infringement,and determining the compensation amount,increasing technical input and clarifying the anonymous standard of user information.