National Obligations and Implementation of Data Rights Protection
There is a clear existence of"valuing private law over public law"for the data rights protec-tion.At the constitutional level,the protection of data rights should be fundamentally based on national obliga-tions.The national obligation system of data rights is a progressive structure composed of respect obligations,protection obligations,and payment obligations,which correspond to three levels:preventing state infringe-ment of data rights,excluding third-party infringement of data rights,and providing state payment remedies for the realization of data rights.In order to ensure that the country actively fulfills its obligation to safeguard data rights,it is necessary to establish an internal error correction review mechanism for safeguarding data rights,and to leverage the external supervision effectiveness of the public on safeguarding data rights.It is also necessary to continuously strengthen the judicial rescue efforts for safeguarding data rights,thereby forming a diversified mechanism for monitoring the fulfillment of national obligations.
Data rightsBasic rightsNational obligationsSupervision mechanisms
NETL
NSTL
万方数据
维普
