The Justification of Data Property Rights

DOI: https://doi.org/10.62517/jel.202414512

Author(s)

Jintao Chen*

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

In today's era of digital economy, data plays a more and more important role in modern society. However, with the wide application of data, the problem of data right confirmation has gradually attracted people's attention. Data as the object of labor, according to Locke's labor property theory can provide a reasonable demonstration of the legitimacy of data property rights. At the same time, data can also be regarded as the object of individual will projection. Kant's will projection theory provides the legal basis for data property rights. In addition, Rawls' distributive justice theory can deeply explain and emphasize the legitimacy of data property rights. This paper emphasizes the legitimacy of data property rights, analyzes the main structure of data property rights, and demonstrates the object of data property rights, including the access and use rights of information, data derivatives and services and data. And expounds the right content of data property rights, including holding right, right of use, right of protection, right of compensation four powers.

Keywords

Data Right Confirmation; The Legitimacy of Data Property Rights; Right Structure Power; Data Value

References

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