"Digital China Development Report (2021)" shows，From 2017 to 2021，my country's data output increases from 2.3zb to 6.6zb，Global proportion 9.9%，ranked second in the world，The scale of the big data industry has increased from 470 billion yuan to 1.3 trillion yuan。In this context，How to better promote the advantages of the scale of data resources in my country to transform the quality advantage，It is necessary to continuously explore the rule of law and institutionalization of data governance rules。June 22, 2022，The 26th meeting of the Central Comprehensive Deepening Reform Commission hosted by General Secretary Xi Jinping held the "Opinions on Building the Basic Display Elements of the Data Basic System" (hereinafter referred to as "Opinions")，Put forward "to establish a data property right system，Promoting public data、Corporate Data、Personal data classification classification and level of right to be authorized，Establish data resource holdings、Data processing right、Data product operation rights and other separate property right operation mechanisms，Improve the protection system of data element equity "。By promoting data holding right、Orderly separation of related rights such as use rights，"Opinions" established a new path for data property allocation，It helps to meet the needs of data circulation，Acknowledge and protect the legitimate rights and interests of each participant，Reasonable and accurately define the rights and obligations of each participant，to further release data dividends。

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Data is hailed as the new "oil" or "currency"，It has a strong scale effect，Limited ability to create wealth for a single data，Data only converge into a certain scale，can it bring huge economic and social value。So，"Opinions" emphasized that it is not people's possession or control of a single data，Instead, it is based on the basis of "data resources" to explore the issue of data ownership: on the one hand，Compared with the traditional body and objects，Data has non -competitive and repetitive utilization，It is difficult to apply for data protection with dominance and discharge of him as the core.，possessive、Use、Equipment and punishment cannot accurately describe data rights。On the other hand，Data rights involve data source、Data processors and other subjects such as the balance between bet365 Play online games different subjects，Gradually show a relatively relatively trend，It is difficult to use the logic of absolute rights and dominance in traditional civil law to simply use it，Should avoid practical innovation that hinders the allocation of data property rights，Make sure to release the data element value to the maximum extent。Perhaps this is because of this，"Opinions" did not choose the term "data ownership" term expression。This profound change not only means that the top -level design of the data property configuration in my country has abandoned the legislative idea of ​​ownership，It has spawned a new type of rights similar to the data "quasi -occupation" system，The state aimed at protecting the peaceful holding state of the right of rights，and provide a legitimate basis for the data of the subject "held in accordance with the law"，To prevent other subjects from illegal acquisition and use of data。

2022 China Information and Communication Research Institute's "Data Governance Research Report" pointed out，For the type of data circulation subject, the equity configuration，refers to defining data generation or holding subjects at each stage according to the full cycle of data processing。This specific equity allocation method is conducive to sorting out the labor output of different subjects on data processing and the content of urgent need of protection。Generally speaking，Data can be divided into public data、Corporate data and personal data，Correspondingly，Data holding subjects include government、Enterprise and individual。"Opinions" emphasized，"To establish a data property right system，Promoting public data、Corporate Data、Personal data classification classification and right to authorize "。So，For government departments、Public data generated by the administrative performance of public institutions and the business operations，It should be clearly clarified that the management department represents the unified duties of public data and the authorization of public data on behalf of the region and industry;，Enjoy data holding from the market subject、The right to dominate and return; for data that carries personal information，Those who are held by individual holding or data processing collect in accordance with the scope of personal authorization、Holding and using data。other，Different from the data source，Data resource holding can also be divided into two situations。One，Data source has the right to hold the data generated by themselves。For example，Personal consumption data、bet365 live casino games Health Data，Enterprise holds its own production data、Sales data，Government departments hold government affairs or social management data。Its two，Data processor "holds according to law" data from other subjects。According to the "Network Security Law", "Data Security Law" and "Personal Information Protection Law",，Under the premise of the consent of the source of the data or other legal reasons，Data processors such as enterprises or government departments have the right to collect、Storage of personal information and data of others。

In the configuration of the property rights of the data element，Data resources holding the authority to focus on the attribution of data，equivalent to weakening or transformation ownership，So as data circulation、Data processing and the construction of other data rights have laid the foundation。On specific power，Data resources holding rights shall include at least the following content。1 is independent management right，Hold the data、The right to manage and prevent infringement。In 2022, the National Development and Reform Commission's "Several Views of the Data Basic System" emphasizes: "It is recommended that data processors can be managed by the data in accordance with the law，Acts that prevent the legitimate rights from the legal rights to prevent interference or infringement of data processing。"" The second is the right to transfer，That is to agree to the right of the data generated by others to obtain or transfer it。As mentioned earlier，Data resource holders enjoy independent management rights，It means that he not only has the right to process data，At the same time, you can also "transfer" your own right to the data of data。For example，"Network Security Law" and "Personal Information Protection Law" all stipulated、Personal information must be approved by my own information。Third, data holding limit，That is the problem of data holding or preservation period。For the data you generate，I hold the restrictions of the non -preserved period。Data from others，"Personal Information Protection Law" Article 19 stipulates: "Except law、Administrative Regulations have other regulations，The storage period should be the shortest time necessary for the purpose of the treatment purpose。"Here" Law、Another provision of administrative regulations "is mainly based on regulatory purposes required data for a certain time。For example，"Anti -Money Laundering Law" requires customer information to be stored for at least five years，"E -commerce Law" requires goods and service information、The preservation time Bet365 lotto review for transaction information is not less than three years，"Measures for the Supervision and Administration of Online Transaction" requires the identity information of operators on the platform、Commodity and service information、Transaction records and other data preservation time is not less than three years。So，Data resource holdings also have corresponding time limit，It must not exceed or less than the storage period stipulated by the law。

　　Processing data -based data processing rights

Article 3 of the Data Security Law stipulates，Data processing includes the collection of data、Storage、Use、Processing、Transmission、Provide、Public waiting。As of now，Law、Administrative regulations have not processed data、Use definition regulations。In national standards or industry guidelines，Related examples help to reveal the connotation of data processing and use: data processing refers to screening for data、Classification、Arrangement、encryption、Labels and other processed activities。According to the "Network Security Standard Practice Guide -Network Data Classification Guidelines" released by the National Information Security Standardization Committee in December 2021，Statistics、Related、Machining activities such as mining or aggregation，Original data can be transformed into derivative data。The "Information Security Technology Network Data Processing Security Requirements" released in April 2022 (GB/T 41479-2022) Article 5.5 also stipulates，Network operators can carry out conversion、Gathering、Analysis and other data processing activities。Data use mainly refers to analyzing data、Use and other activities。"Personal Information Security Standards for Information Security Technology" (GB/T 35273—2020) regulations on the use of personal information include (personalized) display、User portrait and for automation decision -making mechanism，"Information Security Technology Network Data Processing Security Requirements" Article 5.4 Regulations on the use of data include targeted push、Information synthesis and third -party application management。

The right of the right of data processing and use is data processor。As long as it becomes a data processor，You can process and use data in accordance with the law。"Several Views of the Data Basic System" Suggestions: "Respect data collection、Processing and other data processors to pay for labor，Data -related rights obtained in accordance with laws or contracts in accordance with the law，Fully guarantee the right to use data processing and the right to obtain income。"What needs to be emphasized here is，Only under the premise bet365 best casino games of satisfying the data of "holding" or "legally obtained" in accordance with the law，Data processors can only have the right to process and use。For example，Article 14 of the "Shanghai Data Regulations" stipulates: "Natural person、Data that legal persons and illegal organizations are legally obtained，Can be used in accordance with the law、Processing。"" In the legal interpretation，Data that can be used and processed should be limited to the legally obtained data。For data obtained illegally，Data processors are not only no right to use，It may also constitute tampering、Destruction、Discovery data or illegal use of data。

In text，Data processing and use rights only include data processing and use of two items。Some scholars advocate the establishment of data for the establishment of data，Make it includes control、Development、license、Transfer four positive power and corresponding negative defense rights，To solve the problem of data market resource allocation。but，"Opinions" coordinated layout to promote the construction of data basic system，Decide to handle data property rights、Circulation Transaction、Revenue distribution and safety governance problems。So，Data return rights are not included in the consideration of data factor property rights。other，Data processing and use rights are also limited: First, abstract purpose limit，Data processing activities including processing and use must not exceed the scope of legal authorization or contract agreement; second, data security guarantee obligation，Data processing person should take encryption、Delays、Anonymous and other technical measures and other necessary measures to ensure data security，When the data security incident occurs,，Should take disposal measures immediately，Timely inform users and report to the relevant authorities; the third is the specific use limit，For example，According to Article 24 of the Personal Information Protection Law，When personal data is used for automated decision -making，Should avoid unreasonable differences，During information push and commercial marketing，It should provide options or convenient rejection methods for personal characteristics。

　　The right to operate the data product for competition

Perform data development and utilization，The most important achievement is to provide data products and services。During the formation of data products，Although the content of the data products comes from the original data such as user information，but，Data processor provides services by providing Bet365 app download services、Sign a legal method to collect data，and through screening、Specific combination、Deep Development、System finishing and other large amounts of intelligence and physical labor gives a higher value of data。According to the provisions of Article 49 of the "Shanghai Data Regulations"，The formation of data products and services is based on "substantial processing" and "innovative labor" as the premise。Some scholars think，Different interests existing on data products，Data products can be divided into concentrated data products and interpretable data products according to different development levels: the former only briefly collects the original data，For example, the user platform formed by the user's criticism aggregate in "Public Comment"; the latter needs to be deeply processed by the original data、calculation analysis，For example, "business staff" and other predictive judgments or solutions。What needs to be pointed out here is，It can no longer recognize the original data in the interpretation data product，Therefore, there is no problem with the protection of personal information rights and interests。

Data Product Management Rights Main Independent Performance Competitive Rights，That is the restrictions on the third party's restrictive rights and interests，To prevent competitors in the same industry from improper use of their data products to obtain benefits。This is because of，Data products can bring considerable commercial interests and market competitive advantages，According to Locke's labor property theory and market incentive theory，Data processors shall enjoy independent property rights and interests for data products。In fact，my country's local legislation and judicial practice have emphasized the property right attributes of data products。

Data product management rights mainly refer to the development of data products developed by network operators、Use、Rights of transactions and domination。For example，"Data Regulations of the Shenzhen Special Economic Zone" Article 58 stipulates: "Market entities on data products and services formed legally processing data，You can use it independently in accordance with the law，Get benefits，Disprove。"" This data product operating right is similar to the monopoly characteristics of intellectual property rights: in the European Union，substantive investment for data，Related instructions set up a new right, namely "Database Special Rights"，Try to limit others to obtain or use the database right，This protects the obtaining data、Verification bet365 best casino games and display huge investment benefits。Current，The judicial practice of my country's obtaining data between enterprises has established the "triple authorization" principle，Requirement of data acquisition enterprises need to meet users at the same time、Data holding enterprises and users' consent authorization of data holding enterprises。Although this is conducive to maintaining the control interest of data on the first platform，Incentive platform increases investment，but，"Mie Authorization" principle does not distinguish different types of data products，too dependence on the user's "knowledge consent"，It may be conflict with (individual) data that can be carried，It may also cause data monopoly in new forms，Not conducive to cultivating co -creation and sharing、Data elements market for fair competition。other，Exercise data products also requires respect for personal information rights and public interests，Avoid damage caused by abuse of rights。

　(This article is the Construction of the National Social Science Fund's major project, "Construction of the rule of law system of network information security supervision" (21&ZD193) Pharmaceutical results)

(The author is a researcher at the School of Data Law of the People's Public Security University of China)