| The Chinese Civil Code has confirmed the attribute of data as the object of civil law rights, thereby providing the basis for the confirmation of data rights at the level of basic civil law. Although data rights and interests have been confirmed by the relevant data policies and local legislations, there is still no response to the issue of the confirmation of data rights by the legislation at the national level. Confirmation of data rights, as a key issue to be dealt with in data legislation, is conducive to protecting labor, stimulating data production, promoting data circulation and strengthening data protection. Because existing legal systems in China, such as anti-unfair competition law, intellectual property law and personal information protection law, cannot realize the comprehensive protection of data, it is imperative for China to adopt legislation on data confirmation. In data legislation, China should, on the basis of distinguishing between the rights of data sources and those of data processors, construct a dual rights and interests structure for data rights confirmation, respect and protect the prior rights and interests of data sources, and confirm and protect the property rights and interests of data processors, including their right to hold, use, benefit from and dispose of data, as well as the right to stop infringement, remove obstacles and eliminate dangers when their data property rights are infringed upon or obstructed. |
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