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- Title
从保护到流通:我国数据治理范式反思.
- Authors
商建刚
- Abstract
The strategy of "promoting data circulation through data protection" remains the primary logic of current data governance, forming a data governance paradigm based on the protection of data rights and interests. However, the data rights protection theory has affected the judicial practice of database empowerment and competition law protection, hindering the flow and use of data and thus affecting the realization of the value of data elements, which requires the establishment of a new paradigm choice. By analyzing China' s top-level design and social practice, the EU's data governance legislative process and the development trend of the U.S. data governance, it can be found that the value of data based on data circulation. However, the corresponding governance paradigm to support data circulation has not yet been established, and it has become an urgent task to prove the data circulation governance paradigm and guide the construction of China' s data-based legal system. China's data governance paradigm should use classification as a tool to facilitate the circulation of data as a prerequisite, and the protection of data rights and interests as a guarantee, combined with various application scenarios to give the data subject the corresponding data rights and interests.
- Publication
Journal of Soochow University Philosophy & Social Sciences Edition, 2024, Vol 45, Issue 1, p100
- ISSN
1001-4403
- Publication type
Academic Journal
- DOI
10.19563/j.cnki.sdzs.2024.01.010