英文摘要 |
There are three controversies in the standardization plan for data property rights: which standardization model to adopt; how to determine ownership; and what is the impact of the classification of public data, enterprise data, and personal data. The dispute did not answer a core question: what constitutes data property rights. According to transaction cost theory, data property rights regulations aim to establish“legal rights”to promote the market-oriented allocation of data elements, and their constituent elements should be determined based on transaction cost analysis. Data elements have two characteristics: replicability and utility uncertainty, which determines the existence of special transaction costs such as“supervision costs”,“impediment costs”,“matching costs”and“processing costs”, thus forming a non-exclusive and exclusive market in the data market. There are four forms of property rights: exclusivity, confidentiality exclusivity, and absolute exclusivity. Based on the optimization of data transaction costs in the digital economy era, an absolutely exclusive“new”data property right has been formed in the data market. It has either the“only channel”for data acquisition or the separate payment of“processing costs”for collective data as substantive requirements; taking either“confidentiality measures”or implementing“unique disclosure”of data rights as formal requirements. The characteristics of the“new”data property rights constituting elements are sufficient to respond to controversial issues such as public data crawling, personal data property rights, and the validity of data property rights registration. |