Study on the Construction and Application of China’s Data Access Right System Driven by Data Sharing

DOI

10.2991/978-2-38476-277-4_52How to use a DOI?

Keywords

data sharing; data titling; data access rights regime

Abstract

As an emerging factor of production, data can only maximize its value under the premise of flexible circulation and comprehensive sharing. Based on the current status quo of unclear data property rights and unknown data usage, China’s data resources as a whole show the dilemma of “unwilling to share, unable to share, afraid to share” islands. To address the issue of data property rights, academics have explored the paths of “traditional property rights”, “intellectual property rights”, “contractual claims”, etc., but they are unable to effectively solve the problem due to their limitations. However, due to their limitations, they are unable to effectively resolve the natural contradiction between “property rights protection” and “sharing and utilization”. The European Union has also experienced the legislative debate on whether or not to carry out data property rights, but it finally went towards the path of data de-property rights and made the construction of the right of access to data a systemic response. It can be seen that data titling is not the only way to promote data sharing. This paper draws on the experience of the EU’s de-propertying path and takes the revised data property rights path as the theoretical basis for solving the problem of difficult data sharing through the introduction of a data access rights system.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Qianyan Fan
PY  - 2024
DA  - 2024/09/02
TI  - Study on the Construction and Application of China’s Data Access Right System Driven by Data Sharing
BT  - Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)
PB  - Atlantis Press
SP  - 462
EP  - 474
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-277-4_52
DO  - 10.2991/978-2-38476-277-4_52
ID  - Fan2024
ER  -