Theoretical Justification And Content Research Of Enterprise Derived Data Property Rights

As a new factor of production,data plays an increasingly important role in the national economy,and data disputes are also increasing day by day.The "Civil Code of the People’s Republic of China" only adopts declarative regulations on data.There is a lack of specific regulations on data in civil laws.Issues such as unclear data ownership and nature have become the biggest obstacle to the development of my country’s data element market.Raw data undergoes a series of procedures such as classification,processing,and anonymization to form enterprise-derived data.Anonymization processing can remove the personality attributes in the data and reduce the risks brought about by data flow."Anonymized" enterprise-derived data can be regarded as having only property attributes,as the object of property rights.In the first chapter of this paper,the data source and whether it has been processed are used as the standard,and the data is classified,and the enterprise-derived data is extracted as the research object of this paper.Secondly,it sorts out the academic discussion on the data regulation model,which is mainly divided into the "empowerment" model and the "behavioral regulation" model,analyzes the respective advantages and disadvantages of the two approaches,and proposes a path for the propertyization of derived data.The second chapter analyzes why enterprise-derived data can be propertyized.First,combining the effects of data anonymization processing at home and abroad,the property attributes of derivative data are justified;secondly,the necessity of propertyization of enterprise-derived data is analyzed;Cognitive attributes,labor empowerment theory,and legal norms support the feasibility of discussing the propertyization of derivative data.The third chapter sorts out the production process of derivative data,and analyzes the relationship between the "property rights of derivative data" of enterprises and the "three rights of data" in the "Twenty Articles of Data" : "right to hold data resources","right to use data processing",The two serve as the basis for enterprises to obtain "derivative data property rights",and "data product management rights" are part of the enterprise’s "derivative data property rights" disposal power.circulated in the market.The fourth chapter draws lessons from the idea of "behavioral regulation" model,and proposes to restrict the property rights of derivative data from three aspects: original data acquisition,data processing and use,and data circulation,so as to balance the exogenous risks of derivative data propertyization.