Construction of data rights system from information-data two-dimensional perspective

Abstract

The data rights confirmation system has become a fundamental issue in establishing a market-based system for data elements.From a dual-dimensional perspective, the distinctions between information and data regarding their concepts and characteristics were discussed, on this basis, a method was proposed to construct a data-right confirmation system by classifying information subjects and data management subjects.This procedure underlies the construction of the data rights confirmation system.Studies show that: (1) information is content substance while data is the carrier of information.Individuals, organizations, and other entities are the subjects of information content production, and individuals, and organizations are the owners of information; (2) Individuals or organizations have the rights and obligations of data management for the data formed by recording information in some form; (3) By the current legal framework and objective practice, data ownership shall belong to the State, while data management subjects have limited rights to possess, use, seek profits from and dispose of data, meanwhile ought to perform corresponding obligations to protect the rights and interests of information subjects.

Keywords

• data rights confirmation system;ownership;personality right;property right