In the era of digital economy, data has become a new factor of production, but the protection mechanism for enterprise public data is lacking. Chinese data judicial adjudication history shows that data property rights legislation has become an inevitable trend, but scholars are limited to the mind of the single data protection model, debating whether it is the data "right" or the data "interest". Since data changes frequently, it is difficult to define the object scope of the data, which becomes the biggest obstacle to building data property rights. However, the interests protection model can effectively avoid this obstacle and provide transitional and comprehensive supplementary protection for the construction and improvement of data property rights. Under the interests protection model, enterprises establish a private order through code autonomy and market mechanism under the principle of"absence of legal prohibition means freedom", and the law only provides supplementary remedies. From the perspective of legislation, we can set a business data article in the Anti-Unfair Competition Law, and establish separate standards for the regulation of behavior for limited public data and fully disclosed data. From the perspective of interpretation, we should grasp the property attributes of data products, interpreting civil possession into"code space rights and interests", which means the acts of accessing, obtaining, using, and disposing of data without permission or beyond authorization all undermine the complete management of the code space.
关键词
企业公开数据/权益保护模式/补充机制/代码自治/商业数据专条
Key words
enterprise public data/interests protection model/supplementary mechanism/code autonomy/special provision on commercial data
万方数据