On the Legal Competence of Public Data Trust in China
The open access to public data is to release public value from commercial use.With the accumula-tion of the scale of China's public data and the improvement of data processing requirements,there is a need to further differentiate the value of public data resources and its realization mechanism.The clarification of public data ownership would help to ensure the accessibility,shareability and effective utilization of public data.The introduction of a trust system in data governance and the construction of a data classification and hierarchical authorization model based on data subjects can enhance the efficiency of public data utilization while ensuring data security.Public data trusts,grounded in the separation of ownership and control rights,leverage independent third-party institutions to address the asymmetry between data controllers and data own-ers,thereby ensuring privacy and data security during data storage and utilization.A data trust structure,wherein data controllers act as trustors and data property rights serve as the trust's subject matter,delineates the proprietary rights and interests of public data into specific rights such as ownership,usage,and profit rights.Clarifying the constitutive elements of fiduciary legal relationships and the scope of fiduciary duties establishes a paradigm for public data governance grounded in the fiduciary obligations of data trustees.
Public data governancedata rights and interestsdata property rights divisionpublic data trustfiduciary obligations
万方数据
维普
