Whether the economic interests of personal data belong to natural persons and how to protect and realize the interests in law is one of the core issues in the establishment of the data property system in China.Personal information and personal data have the relationship of two sides of the same coin,they are both objects of personal information rights and interests,rather than different civil rights objects.Under the monistic protection model of personality rights adopted by Chinese law,personal information rights and interests protect both the spiritual interests enjoyed by natural persons against personal information(or personal data)and the economic interests enjoyed by natural persons against personal data(or personal information).It should not be assumed that economic interests in personal data can only be attributed to the processor,and there is no need to create a separate right of ownership of personal data to protect the economic interests of natural persons in respect of personal data.Individual consent and license are two forms for natural persons to realize economic interests in personal data based on personal information rights and interests,which have different nature and legal effects and are applicable to different personal data transaction scenarios.Personal information rights and interests have a constraining effect on the property rights in corporate data.
NETL
NSTL
万方数据
