Research On Data Trusts From The Perspective Of Personal Data Property Rights

The development of machine learning and data mining technology has stimulated the demand of network platform enterprises for data,making personal data collected more and more frequently,and the events of personal information disclosure emerge one after another.Network platform enterprises use a large amount of personal data to grab huge economic benefits,but individuals as data subjects can not share the dividends of the big data era,but bear huge risks.Individuals are in a serious weak position in the data circulation market,and their risk of information leakage and information error do not match their non beneficial data rights such as the right to know,the right to delete,the right to correct and the right to carry.At present,the data utilization and protection laws of major countries do not contain provisions on obtaining property interests according to personal data.Even if paragraph 2 of article1798.125 of the California Consumer Privacy Act(CCPA)believes that users can be encouraged to allow the platform to continue to retain and resell user data through additional platform services,this is not a clearly protected property interest,As the property consideration of data,additional platform services do not have universal applicability,and the rationality of the consideration is questionable.Therefore,based on Locke’s labor property rights theory and from the perspective of natural law and natural rights,this paper intends to demonstrate that individuals should obtain data property rights by paying simple but non negligible labor in the process of data production.On the other hand,starting from the analysis of the informed consent rule and the current situation of data circulation,this paper first demonstrates that the data subject should obtain the consideration from the collection of personal data,and then demonstrates that free network services should not be regarded as the consideration for data collection from the perspectives of economic value and legal value.Finally,it refutes the objections put forward by some scholars.However,even with the claim of personal data property rights,the data subject will still be unable to fully exercise the data rights due to its relatively weak market position.In addition,its decision-making ability,bargaining power and professional knowledge level are far inferior to those of data processors,so it is unable to fully obtain reasonable property consideration.Therefore,this paper introduces the data trust theory,and introduces and analyzes the trust relationship theory in three data information fields: American information trustee,British data trust and Japanese information bank.After comparison,it is proposed to adopt British data trust as the specific management mechanism of personal data rights.Then it discusses the specific implementation mode of British data trust,analyzes the problems and improvement direction of British data trust theory,and believes that it should be combined with personal data property rights in order to make it perfect.Then,the paper makes an in-depth analysis of the trust structure of data trust,and demonstrates that data trust can operate according to China’s trust system.