Analysis of the basic issues of the"three rights separation"data property rights system
A proper positioning of data property rights can help data become a new economic resource for creating and capturing value.The value of data lies in its use.The traditional data property rights model has institutional gaps in pro-moting data flow,reflecting fair distribution,and ensuring data security.There is a clear institutional supply gap and in-sufficient support in following existing concepts,terminology,and system structures to achieve data value in the economic process.Moreover,the blank handling of legislative rules has led to inconsistent theoretical logic and implementation paths for defining data property rights in academia.The development of the digital economy requires existing laws to pro-vide standardized explanations for the new problems that arise.Based on the characteristics of data resources as a new type of production factor,the data property rights system framework of"three rights separation"has been creatively pro-posed,which breaks away from the shackles of"ownership determines circulation".The"three rights separation"estab-lishes a structural property rights separation system and the operational logic of the data industry chain around the process of forming and realizing data value.The structural relationship between the three rights is constructed in the flow state of the entire data lifecycle,which is more conducive to meeting the needs of multiple entities for high-quality reusable data elements.However,the concept of"property rights"adopted by the"three rights separation"data property rights system is completely different from traditional property rights or property rights concepts,and its legal legitimacy,legislative fea-sibility,and other issues still need to be discussed and analyzed in detail.The theoretical logic of the"three rights sepa-ration"property rights system can be understood from a two-tier,internal and external three-dimensional structural sys-tem.Clarifying the basic issues of this system will be of great benefit to the in-depth research of China's data property rights system.
three rights separationdata property rightsdata elementsdigital economy
万方数据
