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Research On Data Rights Of Social Network Platform

Posted on:2022-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2556307034479264Subject:legal
Abstract/Summary:PDF Full Text Request
The problem of unclear data ownership of social network platforms and unclear boundaries of data processing behaviors is the core problem of my country’s social network platforms in terms of data.With the continuous development of big data technology,if this problem is not solved,it will not only make the problems of user information security and data monopoly more serious,but also may hinder the development of my country’s data industry.Based on the particularity of social network platform and its data,establishing and weakening the data rights of social network platform is an effective way to solve the above problems.On the one hand,it helps to prevent the platform from infringing users’ data rights due to the unclear boundary of data processing behavior;On the other hand,it is conducive to encourage other data operators to reasonably develop and utilize the open data in the platform,and avoid data monopoly and data hegemony.In view of this,this article takes the data rights of social networking platforms as the core and combines the particularities of social networking platforms and their data to analyze and study the establishment,construction,exercise and protection of data rights of social networking platforms.First of all,in terms of rights establishment,due to the problems of unclear data ownership and unclear boundaries of data processing behaviors on social networking platforms,the reason for this problem is that there are limitations in the application of my country’s civil laws and regulations to data,so it is necessary to integrate social networking Data rights on the network platform.At the same time,the right of data on social networking platforms is not only supported by philosophical and economic theories and legal foundations,but my country’s newly promulgated "Data Security Law" also does not characterize data as benefits,leaving room for data rights.Secondly,in terms of rights construction,starting from the behaviors that the social network platform may perform on its data,the data rights of the social network platform should include data control rights,data application rights,data disposal rights,and data revenue rights,and correspond to different data rights.Different data types weaken the data rights of the platform to balance the data interest relationship between the platform,users and other data operators.Third,with regard to the exercise of rights,rules should be designed based on the profit model of the social network platform,and the data rights of the platform should be weakened by restricting and supervising the exercise of data rights by the social network platform in order to maintain national social security and balance all parties.Data interest relationship between entities.Finally,in terms of data protection,the right to claim data rights should be increased,the infringement damage compensation system should be improved,and it should be coordinated with my country’s current laws and regulations to make up for the problem that my country’s current civil laws cannot effectively protect platform data rights.
Keywords/Search Tags:Social Network Platform, Data, Data Rights
PDF Full Text Request
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