Research on Legal Protection of Network Data Rights
Abstract
With the advent of the information age, network data plays a more and more important
role in people's daily life. However, while network data creates convenience and value for
people, the implied infringement problem behind it also can not be ignored. At present, there is
no clear regulation on the right of network data in China's current laws, which leads to the
conflict of data interests of all parties in the network, and it is common to see illegal data
activities. In order to further standardize the acquisitioned use of network data and create a
stable and orderly network data environment, so as to maximize the digital economic value of
network data, it is necessary to strengthen the legal protection of network data rights.
Firstly, this paper combs and interprets the concepts of network data and network data
rights, and then the types and characteristics of network data is defined. It also discusses the
subject and object of network data rights, and the nature of network data rights is expounded
from three aspects which includes intellectual property rights, personality rights and property
rights.
Secondly, the current legal provisions on network data rights in China is interpreted, and
the typical judicial cases in China is also analyzed. It is concluded that there are three
deficiencies in the legal protection of network data rights in China, namely, the fuzzy
ownership of network data rights, the limitations of relevant legal provisions, and the lack of
exclusive provisions on the acquisition and use of network data.
Thirdly, three representative foreign laws are selected for analysis, and the provisions of
foreign laws on network data rights are summarized in order to absorb legislative experience.
Then two typical network data infringement cases are selected for analysis, and the judicial acts
and basis are summarized. In the end, three references are obtained, namely, reasonably
dividing the types of network data, comprehensively considering the interests of all parties, and
strengthening the self-discipline model of the industry.
Finally, this paper puts forward three suggestions on the legal protection of network data
rights in China. The first is the legislative protection of network data property rights, which is
explained from three aspects including legislative basis and protection mode, legislative
principles and legislative content. The second is the standardization of network data use rules,
including classification management of network data, use principles of network data and
transaction mode of network data. The third is the supervision of network data rights, including
establishing a special supervision mechanism, improving the relief mechanism of network data
rights, and guiding the self-discipline management of the data industry.
Description
Keywords
Network data rights, Legal protection, Personality right, Property right