Abstract:
There are two perspectives regarding the nature of data rights: the right to personal identity and the right to property. This article argues that using the right to personal identity to define data rights overlooks the original legislative intention of laws such as the Civil Code and the Personal Information Protection Law, which aimed to conceptually differentiate data from personal information. In essence, data is distinct from personal information and does not possess inherent personality attributes. On the other hand, defining the nature of data rights using the right to property is not only economically feasible but also legally viable. We can draw upon traditional rules for protecting property rights to establish rules for protecting data property rights. Firstly, in determining the data subject, the principle of accession can be applied to determine the attribution of competitive interests in data, thereby stimulating the active participation of data stakeholders. Secondly, in defining the object of data, we can borrow from the principle of "statutory property rights" to establish the scope of data property rights within "limited recognized forms". This prevents an excessive number of rights holders in data, which could lead to unintended consequences. Lastly, in resolving disputes related to data property rights, a dispute resolution mechanism can be implemented, primarily relying on informal private entities processing mechanism while using formal legal adjudication as a supplementary measure. This approach helps maintain a balance of various interconnected interests in data.