Study on the Tort Liability of Data Rights Based on Hohfeldian Theory of Legal Relations
The rational allocation of data rights is a problem that needs to be solved in the development of China's digital econo-my.The special nature of data makes it difficult for traditional civil law to effectively regulate the allocation of data rights and in-terests,and the anti-unfair competition law is also unable to provide comprehensive protection for data rights with diversified values.Starting from the interest protection model,this paper applies Hohfeldian theory of legal relations to study the mode of data interest allocation among multi-party subjects and its scenario application,combines the value pluralism of tort law,and builds a dynamic and scenario-based data interest infringement protection model around the issues of the illegality judgement of the data infringement,the principle of attribution of responsibility and the compensation for damages.
data rightsHohfeldian theory of legal relationstort liability
万方数据
维普
