Under the"separation of three rights"of data property,"data holding"is a basic concept with foundational signifi-cance.Data holding has the duality of facts and norms,and is actually a legal relationship consisting of rights and duties based on the factual control over data resource.From the factual perspective,data holders use data infrastructure as the architecture to con-trol"data copies".During the data circulation process,new copies are continuously created through replication and sharing oper-ations,and are controlled by different holders.From the normative perspective,data holding has a compound legal relationship structure,which can be divided into static and dynamic dimensions,involving multiple sets of rights and duties related to holder and third parties,the holder and the source,and the previous and the following holders.There is a multi-layered,dynamic rela-tionship network between data holders corresponding to the original information source.In order to balance the conflict of inter-ests,it is necessary to conduct a typed analysis to achieve mutual adjustment between legal facts and value norms.In particular,based on the"right to hold",we can differentiate those with the right to hold and those without the right to hold.Thus,a classifi-cation system can be further established to construct more detailed rights and obligations for different types of data holdings.
data propertydata holdingcontrol architecturedata copiesright to hold
万方数据
维普
