Research On The Ownership Of Personal Data

With the rapid development of science and technology,people are gradually familiar with words such as artificial intelligence,big data computing,and cloud storage,and human society has entered a new era of "intelligence".In the context of the rapid rise of the current data economy,the importance of personal data is reflected in all aspects of society,and personal data flows into the market through collection,analysis and calculation,which promotes social and economic development.However,due to the different issues of personal data ownership and the specific scenarios in which they are applied,disputes arising from personal data have emerged one after another,and the study of personal data ownership has become an unavoidable problem in this reality.At present,there is no clear definition of personal data ownership in China’s relevant laws and regulations,and this article aims to clarify the basic concept of personal data,analyze the dilemma faced by personal data ownership,analyze it and propose relevant and perfect countermeasures.In addition to the introduction and conclusion,this article is divided into three parts.The introduction is the first chapter,and the remaining chapters 2,3 and 4 are briefly described below:Chapter Ⅱ,an overview of personal data and its ownership theory.Firstly,the basic scope of personal data is introduced,the concept of personal data is proposed,and the concepts of personal data and personal privacy,non-personal data and personal information are intersecting and easy to confuse.Secondly,in order to deepen the understanding of personal data,the identification,diversity,non-exclusivity,personal nature,and property characteristics of personal data are discussed.Third,the classification of personal data is discussed.Finally,the current theoretical views on the ownership of personal data are sorted out and their advantages and disadvantages are analyzed.Chapter Ⅲ: Dilemma in Determining the Ownership of Personal Data.Through the analysis of cases in judicial practice,the problems in determining the ownership of personal data are raised: First,the boundary of personal data rights is blurred.Second,the development of Internet technology has made it more difficult to determine the ownership of personal data.Through the analysis of cases and the problems they raise,the dilemma faced in determining the ownership of personal data mainly includes three points: insufficient legal norms on personal data ownership,many data subjects due to the characteristics of personal data,and complex application scenarios of personal data that make it difficult to determine the object of rights.Chapter Ⅳ,the path to solving the problem of personal data ownership.Through the analysis of the dilemma faced in determining the ownership of personal data,it is first concluded that the solution of the problem of personal data ownership should follow a basic principle,that is,in the process of establishing personal data ownership allocation rules,it is necessary to balance the conflict between the economic value of personal data and the infringement of personal rights and interests,and the establishment of personal data ownership allocation rules should consider the issue of personal data production incentives.Second,improve the legal system related to personal data.Taking the experience of extraterritorial legislation on personal data as a reference,and put forward corresponding legal improvement suggestions based on the specific domestic personal data conditions.Third,determine the subject of personal data rights according to the specific scenario.When determining the subject of personal data rights,specific scenarios must be considered,and personal data ownership rules must be separately confirmed and configured for personal data in different specific scenarios,so as to realize the actual interests of each subject in the process of personal data transfer.Finally,the intervention of public power should focus on contractual guidance.The development of the data industry requires the intervention of the state public power,but it cannot forcefully intervene in the market,and the government needs to actively explore policies and regulations that can stimulate the development of the data industry.