Data capture may not only infringe the rights and interests of personal information,but also frequently cause conflicts of interest between enterprises.Therefore,it has become a hot topic of common concern in academia and industry.The"database protection right""data producer right"and other schemes under the idea of property rights allocation not only violate the basic principle of free circulation of data,but also have technical difficulties that are difficult to overcome.Equity of legal interests has become the basic idea to solve the problem.For enterprise data without personal information,the equity of legal interests is to identify which competitive advantages formed by the data are worth protecting by means of prohibiting cap-ture on the premise of ensuring the free flow of data.The competitive advantage that is worth protecting is the individual legal interest that is reflected in the act of seizing when it damages the public interest.When personal information is involved,the equity of legal interests should ensure that the acquirer implements the obligation of personal information protection in combi-nation with the identifiability of the information,and strengthen the protection of sensitive personal information.At the same time,data capture involving public personal information should be allowed as much as possible.
Data CaptureEquity of Legal InterestsPersonal Information ProtectionLegitimacy Boundary
万方数据
维普
