Personal data trading is one of the necessary activities in which emerging technologies serve individuals.Only by collecting and analyzing personal data can network service providers and other data processors provide products and services that are more in line with individual needs.However,in practice,problems such as the loss of control over personal data and the loss of fair value due to disparities in the contracting positions of the parties have occurred from time to time,and the current civil law is unable to effectively regulate them.The solution to these problems requires the construction of a private law system for personal data trading,including the clarification of the principal and agent,the allocation of rights,and the setting of rules.The subjects of personal data trading should be distinguished between primary transactions and secondary transactions,with the former including the individual and the data processor,and the latter occurring between different data processors.As for the object,it should be clarified that personal information is included in personal data,and the two are not equivalent.In terms of rights allocation,it should be confirmed that individuals have the right to know the entire process of data trading,the limited right not to be subject to automated decision-making,and other rights based on personal information protection law,while data processors have the data property rights under the three-rights separation and the right to share revenue distribution with individuals.In terms of rule setting,efforts should be made to coordinate and improve the rules of relevant law,including the contract law rules to balance the parties'status in transactions,the personal information protection law rules to protect the rights of individuals to know and consent,and the property law rules to protect the rights of data processors to own data products.
NETL
NSTL
万方数据
