Construction of data basic system Speed up and speed up the central meeting to plan the data property rights system and the data trading market

21st Century Economic Herald reporter Wang Jun Guo Meiting Nancai Quan Media Group reporter Wu Liyang Beijing and Guangzhou report

The importance of data has been emphasized again, the basic system of central dot data. On June 22, the 26th meeting of the Central Committee of the Central Comprehensive Deepening Reform Commission was held.

The meeting pointed out the direction for the construction of the data basic system, and made a layout from the aspects of data ownership, circulation, trading, security.

The meeting required the establishment of a data property rights system. The path and mechanism of the data property rights have clear top -level design: public data, corporate data, personal data classification and classification of confirmation of authorization; The equal division of property rights operation mechanism and the protection system for safeguarding the aforementioned rights and interests.

In terms of data circulation transactions, compliance and efficient are keywords. The meeting requires the establishment of compliance and efficient data element circulation and trading systems, improved the compliance and regulatory rules system of the entire process of data, and build a standardized data trading market. Next, data transactions may set off a wave.

Establishing a new paradigm classification of data property rights is the key

Data is regarded as the "oil" of the digital economy era. The flow of data can generate power and drive technical flow, material flow, talent flow, and capital flow; the mining of data can also be refined to generate value. As early as April 2020, "Opinions on Constructing a more comprehensive factor market -oriented allocation system and mechanism" announced that "data", as a new type of production factors, was first listed as one of the elements with other traditional elements.

This meeting mentioned that data, as a new type of production factors, is the basis of digital, network, and intelligence. It has quickly integrated into all aspects of production, distribution, circulation, consumption and social service management. Social governance method.

"my country has data scale and data application advantages. We promote the introduction of laws and regulations such as data security laws and personal information protection laws, actively explore the marketization of data factors, and accelerate the construction of a digital economy with data as key elements, and make positive progress." The meeting pointed out.

The 21st Century Economic Herald reporters learned that in recent years, my country's data resources development and utilization results have been effective. In the past 5 years, the open platform of provincial public data openings in the country has increased from 5 to 24, and open valid data sets have increased from 8398 to nearly 250,000 to 250,000 indivual.

Of course, while data development and development, there are also problems such as data ownership, circulation, and transaction. Therefore, accelerating the construction of data basic systems has become an important support for the development of data opening and development and value release, and helping the development of high -quality digital economy.

The meeting layout from the aspects of data property rights, circulation, transactions, and security.

The meeting pointed out that the data property rights system should be established, the public data, corporate data, and personal data classification and classification are authorized to be authorized, and the property rights operation mechanisms of data resource holdings, data processing rights, and data product management rights are established. Data elements equity protection system.

Gao Fuping, director of the Data Legal Research Center of East China University of Political Science and Law, believes that this avoids the problem of data confirmation. Both the data of the original source or the processing data of the processing should not have his property rights. A new paradigm of data property rights.

"This meeting put forward the 'Establishment of Data Property System', explaining the" Opinions on Building a Data Basic System to better play the role of data elements "has already had a clear top -level design on the path and mechanism of data property rights." The China Law Society Network Zhou Hui, deputy secretary general of the Information Law Research Association, pointed out.

Zhou Hui explained to the 21st Century Business Herald that the main body of the factors of public data, corporate data, and personal data is the key to classification, and determines whether they can and how to confirm the authorization. The data of the same source subject will also take different levels of protection methods due to the importance of data and the risk of data processing activities. For example, the data is fully open or restricted, authorized to specialized agencies or institutions that meet specific conditions, or freely flow, free use or paid use, and so on.

"For public service activities and data processed by enterprises in business activities, they are relatively more complicated. Both may have data involving enterprises and individuals, or they may be generated by enterprises or individuals. For enterprises or individuals. Involving the part of enterprises and individuals, we must fully protect their rights and interests and respect their wishes, and then authorize the use of third parties. "Zhou Hui said.

Zhou Hui pointed out that the idea of ​​holding rights, use rights, and management rights meets the characteristics and needs of the flow of data elements. While respecting the control of the holding subject, it is for other subjects to participate in the flow of data elements and provide an institutional system for data value -added. Convenience and motivation.

Establish a compliant and efficient circulation, transaction system data transaction or anterior wave lift

In terms of data circulation and transaction, the meeting pointed out that compliance and efficient data elements should be established, the circulation and trading system of data elements should be established, the full -process process compliance and regulatory rules system should be improved, and a standardized data trading market is constructed. It is necessary to improve the market -oriented configuration mechanism of data factor, better play the government's guidance adjustment role in the distribution of data factor income, and establish a system for the distribution system of data factors that reflect efficiency and promote fair data.

"In the future, the data trading will set off a wave of boom." Gao Fuping believes that local governments should still look at it rationally. Data are difficult to standardize, and it is difficult to build it into a product with competitive mass consumption in the open market. Data transactions must definitely be There will be a set of methods and rules suitable for it, but the current theoretical and practical community has not found such a set of practical approach. In response to the meeting mentioned in the meeting, compliance and efficient data element circulation and trading system should be established. Gao Fuping suggested that because the data trading is based on the foundation of trust, if it is to be marketized to the public, then there must be a third -party platform to provide compliance and regulatory regulation. Serve.

The executive director of the Digital Economy and Legal Innovation Research Center of the University of Foreign Economic and Trade, permitted that the future of data transactions is worthy of attention to the row of the rights of the rights of data property rights to the circulation rules of data transactions. The data circulation may become the system in the future Sex breakthrough point.

"Data exchanges will also have fundamental changes in the future, that is, from the country to the level of data exchanges. The transformation of the upper part has stronger management functions and will be more common to public welfare. "The permission told the 21st Century Business Herald reporter.

According to Ma Yanxin, a researcher at the School of Law of South China Normal University and the director of the Digital Government and Digital Economic Legal Research Center, the most valuable and effectiveness in the field of data trading is some specific application scenarios, such as the transaction circulation of power data and financial data. Realize through the form of data services and data product transactions.

At the next stage, data transactions need to be from point to face to further enrich application scenarios, clarify market expectations, fully tap data value, and ensure that the data industry can develop healthy for a long time. In terms of legislative exploration, Ma Yanxin said that although a perfect special law requires practice accumulation and cannot be achieved overnight, whether it can be introduced by the National People's Congress first to provide exploration for basic legal issues such as data confirmation, but it is more efficient. The legal basis for force is also a direction worth further attention.

Assistant to the Dean of the Internet Development Research Institute of Beijing Normal University and Wu Shenkuo, deputy director of the Research Center of the China Internet Association, believes that three aspects will become an important starting point for the development of future data trading centers: First, the provider of data compliance solutions; No. 1 Second, the builder of data transfer sharing transaction infrastructure, planner of the implementation plan, and assistants of the scene matching and opportunities; third, supporters of the relevant supervision work of the data element market will play in the governance supervision ecosystem Important public role.

According to the requirements of the meeting, how to improve the market -oriented configuration mechanism of the data factor and better play the role of the government's guidance and regulation in data factor income distribution?

The license said that the government's guidance and regulation role is a process of step -by -step. First of all, for the data factor market, efficiency must be improved, emphasizing that the protection of data rights and interests is precisely the problem of promoting data circulation and reuse, and at the same time, the problem of excessive protection of data rights and interests is cautious. When the invisible hand cannot be adjusted, the power of tangible hands should be used to help all parties reach a fair state. The regulation and correction here do not blindly deprive the rights of the data right holder, but to allow third parties to reasonably use relevant data, and pay the corresponding consideration at the same time, thereby achieving a balance between fairness and efficiency.

Security is the bottom line. The meeting emphasized that it is necessary to penetrate the entire process of data governance, keep the security bottom line, clarify the red line of supervision, strengthen law enforcement justice in key areas, and put firmly in place. It is necessary to build a coordinated governance model of the government, enterprises, and society, strengthen the supervision of industry supervision and cross -industry collaborative supervision, and compact enterprise data security responsibilities.

Gao Fuping pointed out that with the corresponding introduction of the network security law, data security law, and personal information protection law, my country has established a set of data security compliance systems. How to achieve security and development of security and development is the "based on the establishment of data foundation for the construction of data Opinions that the system can better play the role of data elements "hopes to play. "Without development, all security guarantees will lose meaning. Mo missed the opportunity of data development because of data security. This is the plan for the long -term development of this conference." He said.

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