Whether the right of personal data subjects to receive benefits should be clarified in statutory form is currently a subject of considerable disagreement in a theoretical aspect.The multiplication of the value of personal data in the data value chain is mainly due to the efforts of data processors rather than individuals,and its scale in volume and fragmentation in distribution determines that there is economic deficiency in the distribution of income to individuals,that is,the lack of legitimacy and rationality in the establishment of per-sonal data subject's right to benefit.The legislation should adopt the attitude of"principle denial,agreement exception"for the right of personal data subject to gain,giving up the statutory right to gain in the initial distri-bution of the value of personal data,but allowing them to obtain economic benefits in an agreed manner.At the same time,under the premise of safeguarding the prior rights and interests of personal data subjects,mecha-nisms for realizing collective interests,such as data service tax and data funds,should be explored in order to reflect the due status of individuals in the distribution of data value.
Personal data subjectsRevenue rightsCost-benefit analysisPrior rights and interests
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