Internet Platform Data Commercialization Research On Antitrust Regulation

With the deepening development of Internet technology and algorithm under the data scenario,data and platformization have undoubtedly become the two major driving factors for the development of digital economy.On the one hand,China has officially stated that data is the key element of the "14th Five-Year Plan" digital economy development;On the other hand,the Internet platform,as the gatekeeper of the bilateral market of data and information connection service,has a significant characteristic of network rule neutrality.In this process,while the Internet platform operates data resources commercially and improves the efficiency of the digital economy,it also causes related data monopoly problems and brings a series of negative impacts to users,market industries and social and public interests.It includes infringing users’ privacy information and data interests,worsening the competitive relationship between platforms,reducing the speed of innovation in the data industry,destroying the market order of the data industry,affecting the development of national digital economy and data security,etc.When the negative externalities caused by the commercial monopoly utilization of Internet platform data exceed the positive externalities,it is necessary to strengthen and optimize the anti-monopoly regulation.Based on the review of domestic and foreign academic views and practical governance experience,it is advisable to take the deregulation theory under the data monopoly situation as the core to conduct the expansion research of anti-monopoly regulation: First of all,in view of the ownership of data rights and interests between the platform and users,we can take the principle of distribution according to work and intellectual property as the judgment criterion,and determine that the personal data processed by the platform belongs to the platform in principle,while users claim data protection with legal data rights.Secondly,in the face of monopolistic competition problems formed in the commercial utilization of platform data,it is necessary to speed up the improvement of relevant market definition methods involving data factors,clarify the identification standards of market dominant position including data factors,and improve the threshold standards of data-driven centralized review of operators.Finally,in order to solve the problem of the absence of supervision and management of platform data monopoly,it is necessary to consider from the three aspects of government,industry and users.At the government level,the government should improve the supervision of platform data monopoly,such as the establishment of a unified government big data service platform,the establishment of government-enterprise cooperation data governance regulators and data market exchanges;At the industry level,promote the formation of industry self-discipline and platform autonomy,give full play to the function of industry organizations,and advocate the reform of enterprise data compliance;At the user level,the supervision and feedback mechanism of user data rights should be set up to enhance the awareness of user data rights,and the supervision and feedback mechanism of users should be ensured unimpeded within the platform and outside the regulatory bodies to maintain users’ data rights.