关键词: 数字经济, 数据财产权, 个人信息

Abstract: The academic community has formed two types of views on how to regulate and protect enterprise data property rights: the scenario-based behavioral regulation model without confirmation of rights and the institutionalized empowerment regulation approach with confirmation of rights. In comparison, the approach of confirmation of rights is committed to adjusting the interest relationship formed by users, enterprises, and enterprises around the development and utilization of data elements through legislative empowerment, which is more advantageous in line with the internal mechanism of the formation of data element value and the market demand for data utilization and circulation. However, it is constrained by the rigid dichotomy between personality rights and property rights associated with data, both the “bundle of rights” and the “division of rights” theories have constructed complex data right structures between users and enterprises. Given the phenomenon of the separation of the legal rights of data sources and the property rights of data processors caused by the development of the digital economy, combined with the differences in the substantial influence of users and enterprises in the process of data value formation, the confirmation of enterprise data property rights should adopt a theoretical structure of “single empowerment + reasonable restrictions”, which grants the data property rights solely to enterprises, while simultaneously restricting these rights by ensuring the statutory prior rights of data sources, as well as rules for mandatory circulation and licensing of public interest data.

Key words: data economics, data property rights, personal information