Research On Personal Data That Is The Object Of A Legal Relationship

With the vigorous development of the data industry in the era of big data,data disputes are increasing,but basic theoretical research on data is obviously insufficient.In the research on personal data,different terms such as electronic data,personal data,data information,data assets are often mixed,and there are multiple levels of complex relationships between data and information.Due to the unclear positioning of data in legislation,judicial disputes over data have also emerged.In the cyberspace,the data subject’s domination of personal data is expanding from tangible to intangible.Data products have the dual characteristics of volition and technology.The relationship between data and intellectual achievements is the relationship between data and information formed by mining the potential of data.From the real world to cyberspace,the relationship between data and information has undergone complex changes.There are many ways to define the various elements in the data and information hierarchy.The distinction between data and information is vital in the era of big data.The definition of data will depend to a large extent on the environment in which the data is used.It should focus on the mutual conversion relationship between data and information.The combination of several pieces of data is more valuable than a single data itself.The existence of data is not an end in itself.The purpose of data is to be analyzed and used.Personal data does not specifically refer to sensitive,personal,and private data.Its connotation is the data relationship formed between the data and the data associated with it.The essential element of personal data is the identification and relevance of personal data.Only when personal data can identify an individual,such data is protected by information privacy laws.In the data age and information society,it is often not the disclosure of personal data itself that causes privacy violations,but the connection established between personal data and other contexts.In the process of personal data generation,processing and analysis,legal attributes of data are changing in different environments.The understanding of personal data and personal information should be developed from the dual aspects of technology and law.Personal data should be linked to the risks that the data may be identified,and identification should be divided into different levels of risk,rather than dividing personal data into two categories: identifiable and unidentifiable.Personal data legal relationship refers to the social relationship formed by the collection,processing and use of personal data.The concept of data subject always revolves around individuals and enterprises.The subject of personal data legal relationship usually refers to the data subject(natural person/data producer).The subject of obligation is the data collector,data controller and data processor.Although the unique natural attributes of data cannot completely match the traditional object theory,data still satisfies the value attribute of the object of legal relationship,and personal data has the dual attributes of property rights and personality rights.Data subjects enjoy the right of information privacy to personal data,including not only the personal autonomy and freedom protected by traditional privacy rights,but also the right to spiritual integrity based on digital personality.Personal data is a brand-new object of legal relationship.There are two or more overlapping rights on personal data,but they are different in functions and attributes.The object content of the privacy right has expanded strongly,and personal data has become the most important object of the personal information privacy right,including personal network space carriers and personal network activities.The self-determination interests of traditional privacy rights have gradually shifted to data autonomy based on personal data control,and personal data should be separately regulated.Personal data is not always the object of privacy,that is,personal data not only has information privacy interest,but the connotation of personal data goes far beyond the scope of privacy.Personal data also has the attribute of "digital personality",and data subjects have the right to claim digital personality completeness and accuracy are inviolable.In addition,personal data also contains property interests.At the same time,the affirmation of the property rights of personal data cannot negate the personality rights of personal data.In the era of big data,personal data takes the right to share as the core meaning,which conflicts with the ownership theory that emphasizes "one property,one right".The circulation of data will break the traditional point-to-point contract model based on autonomy of will.Data controllers and data processors shall respect the data subject’s control and choice of personal data.The right to claim personality rights has favorable conditions for the protection of personal data,and is more conducive to protect the data rights of network users.In some privacy protocols signed by Internet companies and users,personal data is agreed to be a business secret of the company and should be protected as intellectual property rights.The state should use public power to intervene in the protection of personal data,and at the same time,the public power should be supervised.Based on the difference between the rights and objects of personal information and personal data,the court should first clarify the types of rights and object attributes involved in the case,and apply the Anti-Unfair Competition Law to adjust them according to the situation.