Research On Data Owership

Data ownership is an institutional guarantee for the market-oriented allocation of data elements.However,the research on data ownership configuration still remains in the shackles of "personal ownership,platform ownership,individual and platform co ownership,public ownership,and state ownership".Based on the basic characteristics of data such as its own publicity,derivability,and vulnerability to abuse,as well as the diversity of stakeholders in data ownership,it is determined that the allocation of data ownership is no longer applicable to the "one thing,one right" principle in traditional property rights theory,but should be reasonably adapted in accordance with the needs of different stakeholders above the data.The specific performance is to determine the configuration route of data ownership based on the external manifestation of data ownership.In terms of the object of data ownership,the definition of data content can be based on the analysis of the differences between data and information,clarifying that the essence of data is an information aggregation;Its external manifestations can be placed in the data element market,divided by whether it can be directly traded,including two object forms,namely,data resources and data products.In the allocation of data ownership,based on the distinction between data resources and data products,a data ownership system that divides resources and products should be built with the goal of achieving "dual development of data security and data sharing","balancing the interests of resource ownership and maximizing their use",and "dynamic balance between public and private interests".That is,based on the positioning of important strategic resources and the object attribute of national ownership,data resources can be exclusively owned by the country,and the development and utilization of data resources can be coordinated.Its utilization rules can be based on the distinction between public and non-public data resources,and the state can establish a differentiated licensing mechanism based on the purpose of private entities’ own use and other uses,allowing others to exercise rights such as the right to hold data resources,the right to process and use data,to meet the needs of public production and life;Based on the legitimate substantive processing and creative labor of producers,ownership can be granted to data products to mobilize the enthusiasm of market entities to develop and utilize data resources.