The Realistic Difficulties of Data Element Circulation and Scenario-Based Governance Pathways:A Perspective Based on the"Three-Rights Separation"Framework
The economic value and social benefits of data elements are significant,and their orderly and efficient circulation is essential for the development of the digital economy.However,unclear ownership of data,ambiguous data rights confirmation,doubts regarding the distribution of data profits,chaotic data pricing,and vague rules for data circulation have led to market disorders such as algorithmic price dis-crimination,data scraping,and algorithmic collusion,severely hindering the circulation and utilization of data elements.From the perspective of the rationality of rights allocation,the normativity of rights division,and the value of exercising rights,the"three-rights separation"approach presents both feasibility and necessity for governing the circulation of data elements.Given that the challenges in data circulation are context-specific,a scenario-based approach is required for classified governance.Using the"three-rights separation"framework as a foundation,it is necessary to set up scenario-based governance depending on the changes in data types after circulation,and further refine the connotations of the rights under the"three-rights separation"to optimize the governance rules for data circulation.
data elementsdata circulation"three rights separation"scenario-dased governance
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