On the Rights of Enterprise Credit Data:Theoretical Interpretation,Rights System,and Clear Boundaries
The"Data 20 Articles"have clarified the policy direction for the confirmation of enterprise credit data rights.The current legal substitution theory has raised doubts about the necessity of confirming the ownership of enterprise credit data,and the uncertainty hindrance theory and conflict of interest theory affect the feasibility of confirming ownership.The interpretation of enterprise credit data with new property rights can not only avoid the"tragedy of anti-commons",but also solve the problem of the uncertainty of the object of rights,and properly coordinate the relationship of data interests of different subjects.The rights system of enterprise credit data includes:as the source of credit data,the enterprise enjoys the prior rights and interests stipulated by the existing law,and is protected by the contract and infringement system;As a credit data processor,enterprises enjoy the"three rights"of credit data,including the right to hold credit data resources,the right to process credit data,and the right to operate credit data products.The rights system of enterprise credit data and the legitimate and reasonable use system jointly determine the boundary of the rights of enterprise credit data.
enterprise credit datacredit data rightsconfirmation of enterprise credit data rightsnew property rightsrights system of credit data
万方数据
维普
