The Right Allocation in Data Protection Under Civil Code
The declarative rules for data protection are the effective response of the Civil Code to the develop-ment trend of the digital society,and the logical foundation and the basic guideline for implementing data pro-tection under the Civil Code system.Following the development path and construction principles of civil rights system,we can overcome the logical obstacle of providing a single linear structure of rights protection for data under the original legal framework,and classify data as the object of civil rights into the private data,private sphere data and social data according to the"domain theory",and allocate personal information rights,intellec-tual property rights and data rights to private data and social data according to the right object theory,so as to focus on the pattern of interests over the data,and then transform data protection systematically from a linear structure to a three-dimensional model.According to the basic principles of civil rights object theory,the per-sonal information right,is the object of data in the private domain,fits into the personal rights protection mod-el because of its personal identification,while the intellectual property right,which is the object of data in the social domain,and the data right,is free from personal identification based on anonymization,fits into the in-tangible property rights protection model.The right construction path of"specific and limited behavior regula-tion"might be based on the intangible nature of the object.
Civil CodeData rightObject of rightPersonal information rightIntellectual property
万方数据
维普
