Target Adaptation and Path Optimization of Data Capture Behavior Regulation
In recent years,the data competition among operators has become increasingly fierce,and the disputes caused by data capture behavior are increasing.Influenced by the paradigm of the rights law analysis,judicial practice has established the regulatory goal of prioritizing data protection.Most courts have determined that data capture constitutes unfair competition,which is objectively not conducive to the circulation and utilization of data and the high-quality development of the digital economy.Karl Marx's circulation theory,new development concept and developmental rule of law theory provide sufficient theoretical basis for the priority of data circulation.The circulation attributes of data and the actual demand of promoting data circulation determine that China should establish the regulation goal of data protection given priority to data circulation.To effectively regulate data scraping behavior,China should achieve a transformation from a rights law paradigm to a behavior law paradigm,reasonably balancing the interests of multiple data subjects,revise the"one size fits all"regulatory principle and following the principle of classification and grading to accurately regulate data capture,and return to the attributes of competition law and use substantive substitution criteria to evaluate the competitive damage of data scraping behavior.For this purpose,we should implement the priority goal of data circulation in legislation and timely improve data capture regulations.
anti-unfair competition lawdata capturedata circulationdata protectionspecial provision on data capture
NETL
NSTL
万方数据
