Study On The Definition Of Data Ownership On Online Platforms

The rise of online platforms is the result of the continuous development of the modern Internet economy,and online platform data has thus become an important force in promoting the development of the digital economy.Promoting the development and utilisation of online platform data is not only an inevitable requirement for the development of the digital economy,but also a pathway to safeguard the interests of internet platforms and promote social well-being.Article 127 of the Civil Code of the People’s Republic of China only stipulates that data is protected by law,but does not specifically provide for data rights.The Central Committee of the Communist Party of China and the State Council issued the Opinions on Building a Data Infrastructure System to Better Play the Role of Data Elements,which innovated the path of defining data ownership,focusing on data circulation and utilization,and proposed the establishment of a data property rights system framework with "three separate rights" of data resources holding right,data processing and use right and data products operation right.However,there is no more detailed explanation for the construction of the data property rights system,nor does it respond to the multiple conflicts of interests above the data.The rapid development of the Internet has led to the transformation of traditional economic industries into data economy industries.The issue of data ownership of network platforms has become the focus of disputes in the current stage of data disputes,China’s network platform data property rights system is not perfect,and judicial practice has failed to respond effectively to the resolution of disputes over data ownership of network platforms.As the starting and ending point of data security,the definition of the ownership of network platform data has become an important issue that needs to be resolved.Analyzing the existing theoretical doctrines of data ownership on online platforms,the one-way empowerment model cannot balance the interests of multiple subjects,while the shared model not only increases the transaction costs of online platform data,but also is not conducive to the development of the entire data industry.Using empirical analysis and literature analysis,this paper examines typical cases of data ownership disputes on online platforms and summarises the problems in defining data ownership on online platforms.At the same time,it adopts the rules of defining the ownership of network platform data and the idea of constructing a data rights system by typology,dividing raw data and derivative data based on the value generation mechanism of network platform data,and explaining the dual attributes of personal and property rights of raw data and the new intellectual property attributes of derivative data.At the same time,on the basis of the typology of network platform data,the principle of personality association and the rules of labour attachment are introduced to seek a dynamic balance between the protection and utilization of network platform data,and to improve the hierarchical classification of network platform data rights.The right of data portability,which is specifically about copying and transferring data,is implemented;the right to hold data resources,which is mainly about autonomous data management,circulation and possession restrictions,is refined;the right to process and use data,which is about the right to process and use data,is clarified,and the abstract purpose of the right is restricted,and The right to operate data products based on the development,use,trading and disposal of data generated from derivative data is also improved.