More than a decade ago,China's criminal law began to establish public order crimes to protect the confidentiality of data,but this mainly responded to the concerns of members of society about the content of data in the information economy.In the current digital economy,data is no longer just information directly provided to humans to support supply chain collaboration and mass customization,but mainly in big data to offer cloud computing and artificial intelligence with raw data as production elements.Personal,corporate,and public data are all entering this value chain and are all at risk.The property and economic nature of data are increasingly prominent,and members of society pay more and more attention to the protection of data property rights such as the right to hold data resources,the right to process and use data,and the right to operate data products.Infringement of the right to hold data resources and the right to process and use data in the digital economy shall be identified as theft,destruction of property or destruction of production and operation according to the specific circumstances.Among them,given the inherent image that theft excludes others'possession,it is desirable to have special legislation for data theft to show distinction and fairness.After the emergence of mature markets,the property nature of data is necessarily embedded in the entire economic activity,involving competitive interests and market order.Among them,the infringement of the right to operate data products is more of the behavior that seriously disturbs the market order of the digital economy,rather than the infringement of intellectual property rights.
raw dataderived datapublic orderdata propertydata competition
万方数据
