| Because of their objectivity and identifiability and their property nature as products of labor, data can be put into the market as transaction objects. Therefore, it's justifiable and necessary to establish data rights as property rights. The establishment of this kind of legal right is necessary for providing sufficient incentives for data production and transaction and maintaining the pattern of specialization of social labor and distribution according to work formed around data production and processing. On the whole, it is most proper to initially confer data rights on data producers and the originally acquired data rights should be a kind of comprehensive right, instead of a bundle of scattered rights. The types of data property rights enumerated in the state policy documents focus on revealing different forms of data production and utilization in economic life, and their legal attribute is data rights or rights derived from data rights. Given the electronic form and dissemination characteristics of data and the characteristics of data utilization, it is appropriate to distinguish among the right to access, the right to reproduction, the right to use, and the right to disposal and take the right to access as the primary right. Correspondingly, data tort rules should be structured around protecting rights-holders' control over access to data. |
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