关键词: 公共数据, 垄断风险, 公私交融, 公平竞争, 政府监管

Abstract: Public data authorization operation, as an important means to promote the circulation of public data, is a way to deeply unleash the potential value of public data, which is conducive to the construction of data infrastructure system and the promotion of market-oriented allocation reform of factors. However, there is an inherent monopoly risk in the current practice of public data authorization operations, which can have a detrimental effect on the release of public data value and hinder its release of public and economic value. It will also cause the legitimate interests of consumers to be unable to be protected, and consumers will become the end users of damaged interests. Public data has complex attributes of public-private integration, the non-transferability of the object of public data authorization operation, and the lack of effective competition in the public data authorization operation mechanism, together lead to the formation of monopoly risks in public data authorization operation. To deal with the monopoly risk of public data authorization operation, we should not only focus on ensuring fair competition in the authorization operation mechanism, but also comprehensively enhance the fairness and competitiveness of the authorization operation mechanism. We also need to strengthen the construction of the behavioral norms system for authorized operation entities, improve the behavioral norms for public data authorization operations, and establish internal compliance systems for authorized operation entities. In addition, we need to constrain government regulations from aspects such as regulatory scope, regulatory scale, and regulatory methods, and seek a reasonable balance between market-oriented operations and government regulation.

Key words: public data, monopoly risk, public-private intermingling, fair competition, government regulation