Right Confirmation and Authorization Mechanism for Public Data:An Investigation Based on"Data Mitosis"
Presently,administrative data,government data,social data,public management data and public service data have emerged simultaneously in many legal and policy documents.Neither laws nor policy docu-ments have defined the connotation and extension of public data.Public data plays a vital role in promoting the development of data economy and promoting the largecirculation of data transactions.Unlike the civil rights re-presented by personal data and enterprise data,public data represents the public interests.The former focuses more on the development and utilization of data,while the latter focuses on the opening and sharing of data.Al-though the interests represented by public data are different from personal and enterprise data,most public data is composed of personal data and enterprise data.For the right confirmation and authorization mechanism of public data,this paper intends to first discuss how public data is generated,re-used and re-cycled to the mar-ket.Secondly,a comprehensive judgment method would be adopted on the basis of"data about whom"and"data produced by whom"to define the connotation and extension of public data.Thirdly,through the internal analysis of the relationship between the data as a carrier and the information as the content carried by data,the research aims to construct the theory of"data mitosis"and break through the theoretical dilemma of"one thing but multiple rights"or shared data property rights,so as to provide a basis for the confirmation and authoriza-tion of public data.Finally,through constructing data property rights dominated by control and management,a mechanism of right confirmation and authorization mechanism for all data,including public data,is established in order to ensure the effective re-utilization and recycle of public data,and to promote the high-quality devel-opment of data economy.
Public management dataPublic service dataData mitosisData property rights
万方数据
