The opponents of property rights in personal data hold that personal data originate from daily activities,and have low independent value,weak exclusivity,and are not the result of la-bor.They further claim that property rights in individual data reduce the efficiency of data circula-tion.However,these reasons are not justified.Property rights in individual data possess the functions of confrontation to resist excessive exploitation of the value of personal data,reciprocity to share the dividends of the data economy among multiple subjects,and negotiation for individuals to participate in the reconstruction of the data economic order.At the static structure level,the subjects of property rights in personal data are limited to natural persons who can authorize other subjects to use personal data;the objects of the rights are limited to identifiable personal data which are transferable in ac-cordance with the law;and the contents of the rights are the realization of property interests through legal authorization.At the dynamic operation level,challenges such as the reduced aggregation effi-ciency,the skewed distribution of pricing power,and the lack of mechanisms for realizing the rights involved can be addressed through complementary systems.At the institutional boundary level,the law can balance the efficiency,fairness,and security of individual data circulation by coordinating the relationships among the property rights in data of different individuals,between the property rights in data of individuals and enterprises,and between property rights in personal data and the public da-ta.Consequently,it would promote the development of the digital economy.
Data Rights ConfirmationProperty Rights in DataPersonal DataProperty Rights in Personal Data
NETL
NSTL
万方数据
