The complexity of the source,content,and acquisition methods of enterprise data has an important impact on the determination of civil liability for infringement of enterprise data rights and interests by actors and the way in which such liability is assumed.Where an actor infringes upon data lawfully obtained by the enterprise,the enterprise has the right to request the actor to assume the liability for breach of contract,tort or civil liability arising from the absolute right.Although enterprises do not enjoy data rights and interests over illegally obtained data,if the actor disrupts their holding state of the data,they have the right to request the actor to assume liabilities such as ceasing infringement,removing obstacles,and compensating for losses.Where an actor infringes upon enterprise data,although personal data source holders do not enjoy data rights,they can request the actor to assume tort liability based on infringements against the personal information rights or request the actor to bear civil liabilities such as ceasing infringement and removing obstacles based on the right of claim of personality rights.Where an actor infringes upon prior rights of non-personal data source holders such as copyright or trade secrets,the victim has the right to request the actor to assume civil liabilities according to protection rules for prior rights.The data access rights and portability rights enjoyed by non-personal data source holders regarding enterprise-owned data are relative rights which are generally not protected under tort law;however,the victims should also have the right to request the actor to assume tort liability when malicious infringement occurs.
万方数据
维普
