关键词: 数字伦理, 数字法理, 数据确权, 数字技术应用

Abstract: The fundamental values of offline and digital societies are aligned. Ethical risks in the digital society ultimately stem from the violation of universal ethics that respect equality and freedom of personality. If the guiding role of basic ethics is neglected, digital jurisprudence will lack a legitimate foundation; without the safeguard of legal institutions, digital ethics cannot be effectively implemented. Based on the incommensurability of personality and property, the legitimate externalization of the property value of personal information constitutes the premise of data rights determination. Under this premise, data rights should not blindly adhere to the ideal state of predetermined ownership. Instead, a system should be established that comprehensively considers respecting the labor contributions of data processors, improving data utilization efficiency, and balancing justice in data benefit distribution, thereby establishing a more refined system for data rights determination. To regulate the risks associated with digital technology applications, “beneficence”should be incorporated into legislative purposes, along with ensuring that the means of applying digital technologies are “trustworthy.”This means developers or applicators must disclose and explain their algorithms and potential impacts on the rights and interests of relevant subjects. The essence of digital social ethics ultimately lies in natural humanity, and the rule of law in digital ethics aims to cultivate humanity’s capacity for the pursuit of the good.

Key words: digital ethics, digital jurisprudence, data rights determination, digital technology application