Internet User Data Formation And Property Rights Allocation

Regarding the scope of the research,it is usually divided into the purpose of identifying individuals and the purpose of non-identifying individuals starting from the purpose of the current enterprise using data.The data discussed in this article refers to the original data that is not used to identify individuals in the business society.When data is used for the purpose of identifying individuals,it shall follow the relevant provisions of the Personal Information Protection Law,obtain personal consent or comply with other legal basis.Regarding the purpose of the research,this article intends to explore the legitimate basis and the boundaries of property rights for data controllers as the main body of data production to enjoy data property rights after labor.But whether the data subject should enjoy property rights without labor only because the data is about him,is not discussed in this article.Regarding the frame of the research,this article is divided into four parts.The first chapter raises questions,summarizing the current situation of data protection theories and practices in academic and judicial field,and finds that the current theoretical circles and judicial circles have raised the legal attributes,protection modes,and rights allocation of data.A constructive plan was proposed,but the generation of the value of the data property was not discussed in depth.To configure the property rights of data,it is necessary to start from the generation of data rights,that is,where and how the property rights of data come from,and then distribute them.The second chapter aims to clarify the formation process of user data in the Internet and discuss the labor content invested by data controllers in order to clarify the source of the formation of their property value.This chapter mainly focuses on the obstacles encountered in the process of releasing the economic value of data and the governance measures taken by the data controller to overcome these obstacles.Chapter 3 is intended to explain why data property rights can be allocated to data controllers.The first section briefly summarizes the applicable requirements of the labor value theory;the second section discusses whether the labor value theory can be the basic theory of data empowerment,that is,whether the labor value theory as a general theory of political economy can be used as a theoretical basis of a legal system construction.On the basis of the conclusions of Chapter 3,that is,the data controller should enjoy certain property rights and interests when the data controller pays labor to the generation of data.Chapter 4 briefly summarizes the protection mode of original data and the boundary of the data controller’s property rights.Based on the feature that intangibles cannot be declared to be protected by possession,a fact-control protection model similar to that of trade secrets should be adopted.At the same time,with reference to the system design of intellectual property rights that takes into account the rights of the subject and the public interest,the distribution of property rights and interests of data should also take into account other interests carried on the data,that is,the data controller enjoys property rights based on labor theory,but shall not harm others and social public interest: In order to protect the interests of the subject,when the data is used for personal identification purposes,the relevant provisions of the "Personal Information Protection Law" shall be followed;in order to protect the social interests and prevent data monopoly,the law shall give social entities reasonable use rights;data controllers’ rights include own legal use and permission to use by others.