Research On Data Right Confirmation Under The Background Of Big Data Era

The data right confirmation system aims to clarify the nature,ownership and content of data rights,and its essence is to balance the conflict of interest between the public’s demand for data circulation and sharing and the protection of data subject’s rights.There have always been different theories about the nature of data rights,such as "personality rights","data property rights","trade secrets" and "intellectual property rights".In fact,data has both personal and property attributes.According to the different stages of the data industry chain,the legal attributes of data are also different,and the focus of data ownership,content and legal protection needs to be adjusted dynamically.Based on the differences in epistemology of the nature of data rights,different countries and regions have adopted different protection models in the field of data rights confirmation.The more representative ones are the EU model and the United States model.The EU model is centered on the concept of "personality right",and more emphasis is placed on the government’s supervision of the whole process of data circulation and sharing.The US model pays more attention to the value of "production factors" of data,and adjusts the corresponding legal relationship of data in the form of market contracts.Personal privacy protection and the promotion of data circulation and sharing cannot be neglected.Therefore,China can consider adopting a data protection model between the EU model and the United States model,actively playing the role of the market under the supervision of the government,and fully exploring the value of data production factors while ensuring the security of personal privacy.China’s data market is still in its infancy.Therefore,in the practice of data confirmation,there are problems such as unclear nature of data rights,unclear attribution,data monopoly and infringement of personal privacy.In view of the above problems,we should adhere to the principles of legality,informed consent and reasonable necessity as the basic principles of data rights confirmation.In terms of specific systems,we also need to start with clarifying the nature,content and ownership of data rights,and balance personal privacy protection and data utilization to promote the healthy development of the digital economy.