The main contention in the initial configuration of data rights is whether the original data belongs to the data source or the data producer,and the difficulty lies in the clarification of the boundary between the rights and interests of personal information subjects and data rights.The essential characteristics of data stem from the data processor's perception of the data source based on the signal,which falls within the domain of epistemology.Although the data in physical form is not competitive,the results of data utilization are competitive.To prevent market failures,the law should assign ownership rights to data.In accordance with the approach of categorization and right confirmation,the substantive contribution of the data is taken as the standard.The original data belongs to the data producer,and the derivative data belongs to the data processor.The object of data rights should be limited to non-innovative data,and data with innovative or inventive creativ-ity should be included in the scope of intellectual property rights.The scope of the object of data rights is not limited to the aggregate data,but also can be configured for a single piece of data.The power of data rights includes the right holder's a-bility to possess(control),use,benefit and dispose of data.Based on the principle of distributive justice,the right to re-quest the distribution of benefits from original data should be allocated to the data source.
perceptual relationshipdata generationdata ownershipdata classification and confirmationdata reve-nue distribution
NETL
NSTL
万方数据
