By sifting through existing laws, judicial interpretations and relevant normative documents regarding network information security and personal data protection in China, it is determined that the legal term „data“ has not been defined in China at the legislative level. In many cases, data and information are not strictly distinguished in expression and use. Presumably, existing laws, judicial interpretations and relevant normative documents imply the same meaning as the terms „information“ and „data“, at least the concepts can be replaced by each other. Through a comparative analysis of Article 127 of the General Provisions of Civil Law, the author considers that the provision of „data“ as a civil law represents a breakthrough in civil legislation and that the juxtaposition of „data“ and „virtual property right“ in the same article is unprecedented in civil law. From the point of view of extraterritorial legislation, the EU is the jurisdiction with the most comprehensive and strict legislation on the protection of personal data, in particular the General Data Protection Regulation adopted by the European Commission, led by Germany, which belongs to the same civil law system as China. Their legislative experience with „data“ is worth learning and discussing. The General Data Protection Regulation begins with the „recital clause“ with the reference to „the protection of individuals with regard to the processing of personal data as a fundamental right“. Chapter I, Article 4 „Definitions“ of the General Data Protection Regulation defines „personal data“: „Personal data“ means any information relating to an identified or identifiable natural person („data subject“) and then specifies the meaning of identifiable: an identifiable natural person is a person who can be identified, directly or indirectly, by identification such as a name, identity card number, location data, online identification number or by one or more physical, physiological, genetic, psychological, economic, cultural or identity elements addressed to this natural person. From the intention and extension of its definition, the data subject`s right to „personal data“ should include the content of personality rights and property rights. National researchers have also studied data ownership rights from a „data ownership“ perspective, arguing that: Big data has both personal (such as privacy, etc.) and property attributes, in which ownership of the data subject`s possession, use, use and disposal of data is the fundamental legal basis for big data transactions, The technical and economic implications of big data underpin data as the legally protected property and fundamental value of data transactions. The author agrees with the view of the above scientists, but the data transaction is based on the data market and the legal confirmation of data rights.
Firstly, from the point of view of legislation, the content of the data must be clearly defined. Secondly, it is necessary to clarify the legal purpose of the data subject, in particular the legal definition of data property rights, in order to effectively implement the possession, use, disposition, disposal and other relevant personality rights and property rights of the data subject. Notes:1.Research on Data Ownership in Big DataTransactions, Yang Zhangbo, p.2.www.doc88.com/p-9069672036839.html.Visit the website at 31. May 2020 at 18:39.2.The „source data subjects“ in this document refers to digital data first generated based on the behavior of certain people and organizations, including data generated due to certain behaviors in physical and virtual space conditions in blockchain and non-blockchain application scenarios.3.Blockchain Changes the Future, p.15, Wang Youqiang and Tu Jing, People`s Daily Press, the first issue at the end of January 2020.4.The degree of digital image of the physical world determines the degree of development of the digital economy. The main reason for the sustainable development of the physical world lies in the overall system of Value5.Exchange Rules. From barter to gold and silver to paper money, the central system of exchanging values with government, organization, and intermediaries as credit confirmation is the cornerstone of the existence and development of the physical world. This system of value exchange consists of a set of rules: social rules with the legal system as the core, technical rules with the mathematical system as the nucleus, and market rules with the pursuit of self-interest as the goal and the satisfaction of social needs as the core, which together maintain and promote the development of human society. Social rules, technical rules, and market rules all consider the rules of value exchange as an internal driving force for the creation and distribution of wealth. The key to realizing the digital image of the physical world is to virtualize the four basic rules in the digital world.
The information technology revolution has easily solved the digital virtual image of social rules, technical rules and market rules, but it cannot complement the most critical digital image of the system of value exchange rules, and people cannot implement effective sharing and transfer of value according to the virtual rules of the Internet of Information. Data protection law defines direct marketing as the communication of advertising material, by any means and in any way, using personal data of legal or natural persons, agencies or other entities, with or without interference. The Data Protection Act defines sensitive data as any information concerning a natural person relating to his or her racial or ethnic origin, political opinions, trade union membership, religious or philosophical beliefs, law enforcement, as well as data concerning his or her health and sex life. The Data Protection Act does not provide for regulatory measures regarding cookies. Accordingly, the general data protection provisions of data protection law also apply to online privacy. Location data may only be processed by data subjects authorised by providers of electronic communications services, i.e. those responsible for the provision of the service or by third parties responsible for the provision of value added services, provided that the processing of traffic data is limited only to the extent of their respective activities. In addition, in this opinion, the Commissioner underlines the importance for controllers to adopt data protection directives, which should include, inter alia: Current concerns about data sovereignty concern governments trying to prevent the storage of data outside the geographical borders of the country of origin. Ensuring that data is only available in the host country can be complex and often depends on the details included in the service level agreement with the cloud service provider. The Commissioner issued Instruction No.
31 of 27 December 2012 on the establishment of conditions and criteria for derogation from the relevant obligations with regard to the processing of personal data for journalistic, literary or artistic purposes. Exceptions for these purposes are permitted to the extent that they reconcile the right to the protection of personal data with the rules on freedom of expression. The protection of personal data is based on the adequacy of the data, the data relevant to the purpose of their processing and not excessive in relation to that purpose, as well as the accuracy of the data, the updated and complete data. Any information relating to a person („data subject“) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. The controller or processor who processes personal data to provide business opportunities or services may use the personal data from a public data list. The controller or processor may no longer process such data if the data subject has objected to further processing. A person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Only the controllers have to pay the data protection fee. Please note that the term data protection includes what the European Union (EU) calls „data protection“. Data protection law states that fair processing is one of the fundamental principles of personal data protection.
