关键词: 数据权利, 有限排他, 信息信义义务, 公共信托

Abstract: Exploring the framework of the system of data property rights is the institutional prerequisite for ensuring healthy circulation and transaction of data. Currently, the practical challenges of data rights confirmation are often attributed to the inherent non-exclusivity of data, the limitations of the traditional labor theory-based system, and their conflict with the principles of equitable data utilization. Reflecting on the root causes of these challenges reveals that academia has overlooked the fact that digital society is the foundation for the existence of data value, has confused the intrinsic nature of data rights with their external effects, and has failed to uncover the complex legal attributes underlying the construction of data rights. Tracing the developmental trajectory of original data rights, from the algorithmic identification of data interests to their
judicial recognition and the technical practices of data rights confirmation, data rights have undergone a procedural transformation from interests to rights, thereby providing a legitimacy basis for data rights confirmation. On this foundation, the composite structure of data determines that data rights should be defined as limited exclusive rights realized through shared utilization. Accordingly, the interconnected design of data rights should be constructed across individual, corporate, and public dimensions.

Key words: data rights, limited exclusivity, information fiduciary obligations, public trust