The Constitutional Protection Of Data Property Rights

With the vigorous development of the digital economy,the property value of data has become prominent and it has become the most core competitive factor of production.At the same time,The disputes surrounding data resources are increasing.How to protect data property rights has become a hot topic in the academic and practical circles.However,there is no clear provision about it in legislation in our country,the problem can not be solved in time,resulting in different views in judicial practice and academic theory.Constitution,as the country’s fundamental law,shall make a clear attitude and guideline,which can improve data their legal status,property right violation of property rights against the public power of the data,on the other hand can also provide guidance for data property rights legislation,be helpful to build the system of property rights law protection system and to provide more comprehensive protection.This article is divided into four parts,through the way of layer by layer progressive analysis of how to realize the protection of data property rights at the constitutional level.The first part of this paper is a theoretical overview of data property rights.Firstly,the paper explains how data can become a property element,secondly,analyzes data types that can be protected as property on the basis of data classification,and then expounds the difference between data property as new property and traditional property.Finally,it explains the restriction and balance relationship between data property right and personal information right respectively.The second part of this article discusses the theoretical basis of data property rights in constitutional law.The principle of distribution according to work and the principle of free economic development in the Constitution provide theoretical guidance for the protection of data property rights in the Constitution.At the same time,on the basis of analyzing the content of Article 13 of the Constitution "private property rights",the article identifies data property rights as a new form of expression under the background of the digital age and elevates them to the level of basic rights for protection.The third part of this article focuses on the intervention of public power to data property rights.Firstly,In accordance with articles 13 and 51 of the Constitution,the scope of protection and inherent limitations of data property rights are analyzed.Secondly,it specifically analyzes the intervention of public power on data property rights in practice,including the intervention in the process of government data opening and the grasping and processing behavior of social public power on data.The fourth part of this paper discusses the path of constitutional protection of data property rights.First,it examines the constitutionality of the public power intervention,uses the principle of proportionality to examine the state intervention,and reviews the data capture of public power from the legislative and judicial levels under the logic of insufficient prohibition protection.Secondly,the experience of the European Union model and the American model in data property rights protection is summarized.Finally,it puts forward the concrete measures for the state to fulfill the protection obligation,including making special legislation on data property rights and improving the transaction mechanism of data property rights,so as to realize the minimum protection required by the Constitution.