Journal of Shanghai University (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (2): 1-19.

    Next Articles

Re-balancing Corporate Data Property Rights and Personal Information Rights:An Interpretation Based on “20 Articles of Regulation on Data”

  

  1. Research Institute of Big Data under the Rule of Law, Nanjing University of Information Science and Technology
  • Received:2022-02-28 Online:2023-03-15 Published:2023-03-15

Abstract: Corporate data property rights, as the rules of conduct based on the consent of use in the process of exercising personal information rights, are the general term for the rules of conduct of adjustments in the change of legal relationship of data property rights which guarantee the transformation of personal information into data and big data. The development of data market promotes the transformation of partial impersonal personal information into data resources, leading to the formation of corporate data property rights. This is not only a process of empowerment that transforms information into data, but also a process of just distribution of data rights and interests according to the rules of conduct governing the transactions of corporate data property rights. The rules of conduct, established after the measurement of the property interests of data which are transformed with consent, enable enterprise data property rights to maintain a balance between the personal information rights of natural persons, corporate data rights, and national public data utilization. For individuals, corporate data property rights protect personal information rights while for enterprises, they are the results of the transformation of personal data according to the trading rules of property rights. For the state, it has to require enterprises to establish the trading rules for corporate data property rights that protect sources of information while sharing the benefits of corporate data with consumers.

Key words: corporate data property rights, personal information rights, “20 Articles of Regulation on Data”, rules of conduct

CLC Number: