关键词: 个人数据, 个人数据权, 效力体系, 动态博弈

Abstract: In the era of big data, realizing data subjects' control over personal data is an important link in protecting data subjects' data privacy and constructing a multiple data governance system. In order to achieve a balance of interests between the privacy interests of personal data and the property interests of corporate data, in judicial practice, the ownership of personal data is recognized as being shared by individuals and platforms, however, this has also resulted in the binding of rights over data, and the failure of the distinction between personal data and non-personal data also exacerbates the conflicts between the two rights. Therefore, it is necessary to detailing the sharing system between personal data and corporate data and to construct a system for the effectiveness of personal data rights. The construction of the anti-effectiveness system of personal data rights should follow the principle of balancing the interests, the principle of risk orientation, and the principle of classification. The personal data should be divided into“content-oriented”personal data and“purpose-oriented”personal data. As for the former, the data subjects need to be endowed with the right to access, the right to modify, the right to delete, the right of portability, and the data property right as opposed to enterprises; while for the latter, the data subjects need to be given the right to object and the right to interpret the algorithms. In order to ensure data quality, the right to modify, the right to delete, and the right to be forgotten can only be realized through indirect means.

Key words: personal data, personal data rights, effectiveness system, dynamic game