Platform data has already become an important asset for web-based companies,but this sort of data frequently includes large amounts of personal information.Platform data can be seen as belonging to an individual,belon...Platform data has already become an important asset for web-based companies,but this sort of data frequently includes large amounts of personal information.Platform data can be seen as belonging to an individual,belonging to a platform,belonging to some combinations of the two,or can be seen as a form of Internet-based public data.Analysis of legal clauses and doctrines as well as analysis based in legitimacy and consequentialism both fail to completely delineate data ownership.One potential reason for this is that there are many types of platform data,and that each type is highly dependent on circumstances.The determination of rights in regard to platform data should be done in a way which revolves around a contextual regulatory framework,one in which the rules of reason is applied on a case-by-case basis and in which gradual changes are done in a bottom-up manner,and not one which seeks to establish a universal set of data regulations.In actual judgments,factors such as the nature of the platform and the nature of the data crawling behavior should be comprehensively considered while ensuring a balance of data circulation and data protection.展开更多
China is aggressively pursuing digital transformation,and data,alike labor,technology,capital,and knowledge,has become as a crucial factor of production.Digital transformation is accelerating the emergence of a data-i...China is aggressively pursuing digital transformation,and data,alike labor,technology,capital,and knowledge,has become as a crucial factor of production.Digital transformation is accelerating the emergence of a data-intensive society,and the ensuing difficulties of balancing freedom and responsibility,openness and security,as well as free sharing and legal regulation are posing new challenges to national and social governance.Among these challenges,defining data ownership,the social disorder and anomie brought about by the unclear definition of data ownership,and data ownership regulatory path are new propositions that need to be urgently addressed in this data-intensive society.This paper systematically explains the theoretical meaning and practical value of data ownership through a literature review on the analysis of domestic and foreign scholars as well as research think tanks,compares the differences and inherent conflicts between the definition of data ownership by the government,enterprises,and society in China,thoroughly compares the definition standards of the European Union,the United States,and Japan,and on this basis,discusses the formation of a definition of data ownership that meets the requirements of China’s digital transformation.展开更多
基金This paper is a periodic achievement of two projects of the National Social Science Fund of China,those being the major project:“Personal Data Protection and Data Rights Systems in the Age of Big Data”(Project No.18ZDA146)the general project:“Research on Personal Information Protection and Corporate Data Ownership in the Context of Big Data”(Project No.18BFX198)。
文摘Platform data has already become an important asset for web-based companies,but this sort of data frequently includes large amounts of personal information.Platform data can be seen as belonging to an individual,belonging to a platform,belonging to some combinations of the two,or can be seen as a form of Internet-based public data.Analysis of legal clauses and doctrines as well as analysis based in legitimacy and consequentialism both fail to completely delineate data ownership.One potential reason for this is that there are many types of platform data,and that each type is highly dependent on circumstances.The determination of rights in regard to platform data should be done in a way which revolves around a contextual regulatory framework,one in which the rules of reason is applied on a case-by-case basis and in which gradual changes are done in a bottom-up manner,and not one which seeks to establish a universal set of data regulations.In actual judgments,factors such as the nature of the platform and the nature of the data crawling behavior should be comprehensively considered while ensuring a balance of data circulation and data protection.
文摘China is aggressively pursuing digital transformation,and data,alike labor,technology,capital,and knowledge,has become as a crucial factor of production.Digital transformation is accelerating the emergence of a data-intensive society,and the ensuing difficulties of balancing freedom and responsibility,openness and security,as well as free sharing and legal regulation are posing new challenges to national and social governance.Among these challenges,defining data ownership,the social disorder and anomie brought about by the unclear definition of data ownership,and data ownership regulatory path are new propositions that need to be urgently addressed in this data-intensive society.This paper systematically explains the theoretical meaning and practical value of data ownership through a literature review on the analysis of domestic and foreign scholars as well as research think tanks,compares the differences and inherent conflicts between the definition of data ownership by the government,enterprises,and society in China,thoroughly compares the definition standards of the European Union,the United States,and Japan,and on this basis,discusses the formation of a definition of data ownership that meets the requirements of China’s digital transformation.
