Legal dilemmas and solutions for data rights protection in China
As China incorporates data as a new type of production factor for the first time,the protection of data rights has become a critical issue that requires urgent resolution.Given the complex nature of data,Europe and the United States have adopted different approaches to data rights protection.The European Union focuses on data protection beyond em-powerment,regulating the data market through the creation of public spaces and cross-sectoral governance bodies.The U-nited States,on the other hand,is based on individual privacy rights,relying on market mechanisms for voluntary trans-actions and legislation to ensure the open use of public data.However,both approaches primarily aim to stimulate data transaction activity,avoid legal regulations that impede data flow,and align with market freedom.China should critically learn from Western experiences,focusing on addressing the complex nature of data and data rights protection,the intri-cate internal structure of data rights,and the contradictions between the exclusivity of data property rights and their in-trinsic value.This can be explored based on foundational theories such as Locke's labor property rights theory,utilitari-anism and incentive theory,and Lessig's data property theory.Firstly,China should clarify the normative structure of data property rights by lawfully granting relevant commercial entities the right to use public data,either for compensation or free of charge,facilitating bilateral fair authorization between leading industry enterprises and small and medium-sized enterprises,and establishing personal data banks.Secondly,China should improve the legislative system for data property rights by creating a segmented property operation mechanism that includes data resource holding rights,data processing and usage rights,and data product operation rights.Lastly,China should innovate government regulation and incentive mechanisms,referencing the EU's approach to establish cross-regional and cross-sectoral handling mechanisms,seeking a balance between free data flow,utilization,and data rights protection.
data rightsdata property rightsEuropean and American experiencedata protection
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