关键词: 数据, 数据权属, 数据流通, 数据访问权

Abstract: Whether to grant enterprises with data property rights is one of the focus of the current academic debate. Most of the existing studies focus on data empowerment, which is based on the protection of enterprise data rights and interests, but ignore that the value of data should be mainly reflected in the circulation and using. Only by continuously circulating and using, can data realize its increasing value. Whether to grant data property rights to enterprises depends on the needs of data sharing and using. Even so, the argument between the Tragedy of the Commons and the Tragedy of the Anti-commons makes data empowerment once again fall in a dilemma. The key to break the trap lies in questioning closely the contribution of both of them to economic and social development through the problem representations, such as data development, data protection and data circulation. Therefore, it is urgent to remove the barriers to data sharing, promote data access, and maximize the value of data. However, although there are many data access paths under the current law, each has its own defects and cannot meet the needs of economic and social development for large-scale data circulation. A system of data access rights should be established, so as to break the absolute control of enterprises over data, eliminate obstacles to data circulation, and maximize the promotion of data circulation. This can not only be coordinated with the property rights system, but also take into account the protection of enterprise data rights.

Key words: data, data ownership, data sharing, data access rights