The Operational Logic and Practical Mechanism of Structurally Separated Data Property Rights:Aiming at Coordinating Data Protection and Utilization
Addressing the Reality of Insufficient Data Protection and Utilization in China,the Dual Impact of Prop-erty Rights Systems on Resource Utilization,and Data-related Policy Guidance,China should prioritize the coordination of data protection and utilization as a goal within its data property rights system.The structural separation system of data property rights proposed by the"Twenty Articles on Data"advocates the division of data rights to achieve"functional seperation of powers".This system,which modularizes and structurally separates the"three rights"based on the opera-tional needs of the data industry and supply chain,follows the logical framework of balancing data protection and utiliza-tion.To further facilitate the effective operation of the separated"three rights",it is necessary,first,to establish a rights confirmation mechanism that combines dynamic empowerment and restriction based on the principles of data classifica-tion and hierarchical management.This involves a strict authorization mechanism combined with a conditional default authorization mechanism.Second,in addition to refining the norms for on-site and off-site data circulation transactions,it is crucial to promote the interconnection,verification,and mutual recognition of norms and standards for both on-site and off-site data transactions.Finally,there is a need to establish a classified and hierarchical data information security mechanism and construct a multi-law collaborative legal framework for data property security.
Data Property RightsStructural SeparationData Rights ProtectionData Development and UtilizationTwenty Articles on Data
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