In the digital age,the government obtains enterprise data through active open sha-ring,data reporting,government procurement,data retrieval,and other methods.However,relying solely on these methods cannot fully adjust the government's large-scale mandatory acquisition of data in practice.Therefore,the application value of the data requisition should be recognized,and the le-gal logic and institutional framework of data requisition should be systematically explained.Data ex-propriation is not an arbitrary seizure of data property rights,on the contrary,it can more fully protect the legitimate rights and interests of data property owners.Data property rights,as a specific type of property rights,bear social obligations,but this cannot be enough reason to oppose compensation for data expropriation.Compensation for data requisition not only motivates data property owners to inno-vate and supply data,but also helps to achieve the defensive function of data property rights through price mechanisms.The standard of compensation should not adopt the principle of complete filling,but should be based on the close relationship between the purpose of data acquisition and public wel-fare,and determine the direct loss by taking into account factors such as additional technical process-ing costs and degree of interest reduction.Using the principle of proportionality as an analytical framework can not only set boundaries for data requisition,and balance public interests,data proper-ty and personal rights appropriately,but also further clarify the applicable conditions for data requisi-tion.
Data RequisitionData AcquisitionPublic InterestData SharingPrinciple of Proportionality
万方数据
维普
