关键词: 原始数据, 衍生数据, 数据产权, 数据保护, 权利限制

Abstract: In the era of digital economy, the empowerment mode can stimulate the investment and innovation in the field of data. The exercise and protection of data right not only concerns the interests of the sources of raw data, but also the interests of the holders of raw data and the interests of the data processors. Therefore, the establishment of data property right system needs to skillfully weigh the relations between data protection and utilization, data concentration and circulation, data quantity and quality, private interests and public benefits. The appropriate approach to data legislation is to confirm the property nature of data and the protection scope by law, to clarify the coexistence and dependent relationship between data property right and personal information right. Data holders have the rights to control and benefit from the data aggregation based on their investments in data collection, storage, security, etc. In such issues as data crawling and mining, while protecting the relevant rights of data controllers from infringement, it is also necessary to set restrictions on the exercise of data right, in order to ensure the value generated by the mobility of data. When constructing the systems, it is necessary to treat differently the public data and the non-public data, the open data and the non-open data, the raw data and the derivative data, to design refined and implied licensing, to reasonably use rights and prevent the rights from abusing rules to delineate the boundary of rights, to facilitate data transactions, and to ensure fair competition.

Key words: original data, derived data, data property right, data protection, right limitation