How to build a data basic system?A number of experts in the market -oriented development direction of data security and data factors

Southern Finance All Media Reporter Wu Li Intern Zhang Ling Beijing reported

Accelerating the establishment of a data basic system has become the core proposition of activating the development of the digital economy in the new period, but in practice, how to confirm data as a legal rights and system specifications? How to accurately evaluate the value of data and use data resources to promote economic development? How to cope with the risk of personal information protection, property violations, and national security brought about by data security?

On the afternoon of September 6, the data and algorithm security forum of the China Internet Rule of Law Conference were held. The institutional representatives and experts and scholars in the fields of research gathered together to discuss hot issues such as data security, data factor marketization, and data property rights system in the construction of data basic systems.

Focus on the frontier of data rule of law

This forum invited many experts and scholars in academic fields such as law and economics and law enforcement judicial personnel with front -line practical experience to discuss the cutting -edge issues that need to be resolved in data and algorithm governance.

Pei Wei, deputy director and deputy secretary -general of the China Internet Association, said in his speech that with the development of the digital economy, the understanding of data elements has gone through a spiral rise process. Promoting the rule of law in my country in the new era not only needs to cultivate data, but also needs to cultivate data. The factor market also needs to improve the data basic system system, explore data property rights and data trading systems, remove the "data participation all factor production" obstacles, and further build the "number and algorithm security" bottom line.

Shi Jianzhong, the vice president of China University of Political Science and Law and the Dean of the Data Study Research Institute of China University of Political Science and Law, said that the data rule of law laboratory of China University of Political Science and Law will use modern information technology and advanced experimental methods to build an innovative discipline cross platform to promote legal research and digital China in China. The benign interaction of the practice of rule of law.

The keynote speech session, the doctoral supervisor instructor of the School of Data and Law of the University of Political Science and Law, the director of the Director of the Consulting Committee of the Data Law Laboratory of China University of Political Science and Law of the Ministry of Education, the Director of the Director of the Data Law Laboratory of China University of Political Science and Law, the former deputy prosecutor of the Supreme People's Procuratorate, and the former Deputy Director of the Legal System Office of the State Council. The speech entitled "Basic theory of Data Security". He pointed out that on the one hand, digital rule of law must establish a market -oriented empowerment, confirmation, and data circulation mechanism; on the other hand, the corresponding mechanisms and special governance mechanisms in the fields of digital services, digital markets, digital fairness, digital security and other fields The reliability, richness and development of data solve the practical problems facing big data exchanges or trading centers.

At present, the widespread use of new types of production factors such as data and algorithms and tools have introduced new variables to market competition. How to deal with data -related market monopolies and improper competition has become a problem that needs to be solved in the healthy development of the data market.

Zhang Wenkui, deputy director and researcher of the Institute of Enterprise Research Center of the Development Research Center of the State Council, said that under the drive of data and algorithms, the creation industry has emerged, and the monopoly and unfair competition gradually moves towards systematic, accurate, hidden, intelligent, traditional, traditional, traditional Market share and market structure are not enough to evaluate the typical corporate behavior of the digital economy era. For strategic behaviors such as big data killing, self -preferential treatment, rejection of transactions, discriminatory pricing, etc., they should start with data and algorithms. The enterprise scale is regulated.

Build a data basic system system

Data utilization and development are inseparable from data specifications, reasonable, and orderly circulation. Data circulation includes both domestic circulation and the flow of cross -borders. Cross -border flow of data is not only an important driving force for the development of the current data, but also an important matter related to the security of national information sovereignty.

Professor Wang Ximong of Peking University Law School analyzed the sovereign competition strategy of countries around the world. He pointed out that the data sovereign competition strategy that China is trying is a cooperative strategy. On the one hand, it is necessary to resolutely maintain national security. At the same time, it can also promote the cross -border linkage of data in an orderly and effectively.

"We still adhere to the territorial jurisdiction of this principle of territoriality as the main jurisdiction, and at the same time, we must avoid entering the data competition strategy of fully defense or retreat type. Under the concept of cooperation, independent and reciprocal cooperation should be used as data sovereignty competition. The important direction is based on the sovereignty of cooperation, and develops and expand China's data free flow area. "Wang Xinc said.

How can the data basic system be built? "Data confirmation" is an issue that cannot be bypassing this question.

Shen Satellite, Dean of the Institute of Intelligent and Law of Tsinghua University, pointed out that the difficulty of data confirmation lies in the separation of data and information. He proposed the concept of "two separations of data and three stages", namely the separation of data and information, research and development of data and data. The processor's rights separation, the "three stages" are the data resource phase, the data component phase, and the data product phase.

"The relationship between data and information is like orange peel and orange meat. There are differences but cannot be split. When we use the data of orange peel, we must consider whether there is an orange meat like personal information in the data." Shen Satellite Satellite This describes the meaning of "two separation".

Regarding the division of the "three stages", it further pointed out that the purpose of dividing different stages is to determine the issue of data holding rights, processing and use rights, and business rights at each stage.

After determining what data is, the legal qualitative of the data is also a problem. Data property rights are the key issues of hot discussions in the current academic community. Ma Yide, a representative of the National People's Congress and a second -level professor at the University of China, pointed out that there are limitations for the protection of the current special form products of "data" for the current copyright law and business secret protection. : First, we must keep the bottom line and red line of national security, data security, and personal information security; the second is to fully grasp the development law of the unique attributes and property rights systems of the data; The interests of the person.

Zhang Wen, president of the Beijing Internet Court, shared the practical experience of the judicial department in the construction of the data basic system system. She proposed that Internet judges should have the overall view of big data, reserve a certain space for the development of data factor marketization. At the same time, the trinity of data compliance, data security, and data circulation must be achieved. The one -to -one special case special model has transformed to the effective processing model of a class of cases.

Implement data security requires guarantee personal information protection

At the forum, a number of experts and scholars pointed out that in the practice of data resource development, due to its non -competitive characteristics, multiple and repeated use of data can effectively exert data value, and all of this is data collaboration.

However, in the collaboration, there is a deviation between the personal value, economic value and social value of the data. The problem of data security risk is triggered, and there is a need to solve the corresponding legal mechanism.

Jiao Haitao, a professor at the School of Civil, Commercial and Economic Law, China University of Political Science and Law, said that "data trust" is a feasible idea of ​​solving the coordination of this data collaboration. As a third party, the trust institution can be comprehensively considering the interests of the data subject, while avoiding direct data platform cooperation Monopoly issues caused.

However, it should be noted that at the real level, the system design of the data trust system, which data can be further clarified. Jiao Haitao believes that first of all, which data can be established as the property right of the trust target; secondly, it is necessary to regulate the rights and obligations of the trustee and the trust of the trust, and verify the qualifications of the trust company itself. It may become a new data monopoly center. How to stipulate and undertake the obligations of antitrust compliance also needs to be considered in institutional design.

Tao Jun, deputy president of the third court of the Beijing Higher People's Court's civil trial, analyzed the localization characteristics of personal information protection in the context of my country's digital economy. He pointed out that the basic concept of my country's personal information protection law is "priority of personal privacy protection, while taking into account the normal operation of industry development and economic endogenous motivation."

Tao Jun believes that the value of personal information protection is "bottom -line thinking, tolerance and prudent". Specifically, it is the importance of recognizing the digital economy to stimulate the vitality of the market. Do not actively set the upper limit to give the full development space. At the same time, adhere to the bottom line of thinking and tolerance and prudent attitude, follow the limited principles of "personality first", the principles of "category classification", the principle of "scene division", the proportion principle of "promoting the industry", and "order civilization" The overall principles of gradually improve the judicial protection of personal information.

Hu Ling, an associate professor at the School of Law of Peking University, takes the method of "disconnecting direct" in the "Administrative Measures for Credit Credit Business" as an example to explain how to achieve the balance between efficiency and information security.

He said that the "break -straight" clarified the boundary of the credit reporting business, which was beneficial to prevent financial institutions easily obtain personal information, provided specific personal information protection scenarios, and showed the position of the stakeholders. Great effect.

The premise of marketization of data element is to clarify the value of "data"

As the fifth largest production factor, what does the use of data resources mean for long -term economic growth? How to clarify the data property system and further promote the marketization of data factor? Around this issue, many experts and scholars participating in this forum shared their views.

Xie Danxia, ​​a doctoral supervisor in the Institute of Economics of Tsinghua University of Social Sciences, believes that the mechanism of data creation value comes from the non -competitive characteristics of data, the privacy and security characteristics of data.

"Data has become knowledge in the process of innovation, so that on the basis of ensuring privacy and security, repeated use, repeatedly created, and improve its use efficiency." Xie Danxia said that after personal or families generate data, it can be used in the form of data intermediaries Provide it to innovative and production -oriented enterprises, and to promote social wealth to promote the market economy.

Li Aijun, the dean and professor of the Internet Finance Law Research Institute of China University of Political Science and Law, analyzed its legal issue from the structure of "data property".

Li Aijun believes that the data includes the carrier layer and the content layer. The former is technical symbols such as 0 and 1, and the latter is the information it recorded. The two -layer structure of the carrier and content of the data object determines the double -layer structure of the data property rights. The main interests involved are also dual, one is the main body of the carrier layer, and the other is the subject involved in the content.

She believes that data property rights can be divided into self -benefit and his rights. The former includes the right to realize data use, exchange, and income, such as data control, data processing rights, data punishment rights, and data income rights; The rights determined by data content, such as intellectual property rights, personality rights and other rights.

The associate professor of the School of Law of the University of Foreign Economics and Trade and the director of the Digital Economy and Legal Innovation Research Center permitted the current understanding path of different "data property". He pointed out that the data property rights in the economics sense are different from legal data property rights, and it includes freedom of behavior defined through contract arrangements and industry practices. The license further emphasizes that data property rights are not equal to data ownership. When confirming the right of rights, the public tragedy and anti -public land tragedy should be considered, and the data producers should be used to use contract rules to protect other participants.

Fang Yu, the director of the Internet Legal Research Center of China Information and Communication Research Institute, believes that the most important value of data is efficiency. The purpose of data governance is to correctly guide efficiency. Specifically, on the one hand, on the one hand, it should adhere to the development of development; on the other hand, it should adhere to the development of the norm. In addition to dealing with the connection between the law and law, it should also be The mechanism is exerted to promote the release of data value.

Xi Zhiguo, a professor and doctoral supervisor of the School of Civil, Commerce and Economics of China University of Political Science and Law, commented on this unit. He believes that economics methods can study data property rights to provide a foundation and new perspective for legal studies, and also hope that the legal community can reach a consensus on the current dispute between data property rights.

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