Rights Structure and Rule-Setting of Data Triple-Rights Separation:Preliminary Exploration of the Deconstruction Path of Right Modules
The design of the right structure in the concept of data triple-rights separation is the primary issue in the construction of the legal system of data rights protection nowadays.Classification of data objects by the standard of utilization purpose can circumvent the problem of subject attribution of data rights and reduce the conflict of rights claims of multiple subjects.In terms of the normative purpose,data empowerment should not only focus on the u-tilization value,but also focus on maintaining confidential data involving personal privacy,commercial secrets and state secrets,and regulating data dictatorship.To this end,data rights should be analyzed by the modularity theory of rights.In the non-public data modules,there are the right to hold data resources,the right to use data process-ing and the right to operate data products.While in the public data module,the right to use data processing,the right to operate data products,and the right to guarantee data security are divided.In terms of rule-setting,the interaction rules between the right modules have the potential to be typed,and the interaction between the right modules and any of the non-data right subjects can be adjusted by applying traditional legal norms.
dataseparation of triple rightsright modulesrule-setting
NETL
NSTL
万方数据
