Research On Legal Issues Of Data Rights Protection

Now,countries have fully recognized the importance of data and are beginning to build legal systems to protect this strategic resource.The data is composed of the carrier layer and the content layer.The carrier is the digitized symbol existing in the computer,and the content is the processed and recognizable information based on the original material.The data conforms to the characteristics of disembodied objects,which can be regarded as the object of civil rights for empowerment.The subject of data rights is diverse and diverse,and the traditional definition of rights cannot reflect its characteristics.The theory of rights bundle should be adopted to define data rights.Data rights are the collection of rights generated during the life cycle of data collection,storage,processing,use and transaction.It should include the right of informed consent,the right of portability of data,the right of deletion,the right of data transaction and other rights.Existing laws and local regulations in our country have protected data rights to a certain extent,but there are still some deficiencies in data rights protection.The provisions of informed consent right are too principled,the current provisions of data portability right are difficult to apply,the exercise conditions of data deletion right are fuzzy,and the protection of data transaction right lacks a clear and unified legal provision.The content of the right of informed consent should be refined,the relevant provisions of the right of portability of data should be improved,the conditions for the exercise of the right of deletion of data should be clarified,and the legal norms of the right of data transaction should be formulated to solve existing problems and better protect data rights.The first part of this paper expounds the research background and significance of data rights protection,presents the research situation of data rights protection concepts at home and abroad,and clarifies the research content,research methods and innovation points of this paper.The second part of this paper is an overview of data rights,which specifically introduces the concept and value of data,defines data rights with the bundle of rights theory,and explains the content of data rights.The third part explains the current situation of data rights protection from the perspectives of legislation and practice,explains the legal provisions and judicial practices of data rights such as the right of informed consent,and provides a basis for the problems existing in the protection of data rights.The fourth part shows the limitation of data right protection.The fifth part proposes solutions to the limitations of data rights protection.