关键词: 个人数据, 产权归属, 个人信息

Abstract: Under the premise of agreeing to set up the property rights of personal data, the ownership of the personal data, which is recorded, uploaded and stored in the enterprise system during the process of using the goods or services of the enterprise, belongs to the enterprise; this conforms to the property right granting rules of law and economics. According to the preemption rules, creation rules and subsidiary rules, the property rights of personal data should be given to enterprises. According to the principle of fairness, the property rights of personal data cannot be attributed to individuals. In addition, personal data in the hands of enterprises can achieve economies of scope and scale, and play a greater role. While to give the property rights of personal data to individuals is not in line with the cost-benefit principle; the rights cannot be implemented smoothly and personal information protection cannot be realized. During the process of using personal data, there always exist the risks of personal information leakage and data monopoly. The property rights of personal data given to enterprises does not necessarily increase this kind of risk, which can be made up or corrected through further system design on the basis of the current laws.

Key words: personal data, property ownership, personal information