Keywords
Data ownership
Smart cities
Risk regulation
Submitted : 2022-05-21
Accepted : 2022-06-05
Published : 2022-06-20
Abstract
China is aggressively pursuing digital transformation, and data, alike labor, technology, capital, and knowledge, has become as a crucial factor of production. Digital transformation is accelerating the emergence of a data-intensive society, and the ensuing difficulties of balancing freedom and responsibility, openness and security, as well as free sharing and legal regulation are posing new challenges to national and social governance. Among these challenges, defining data ownership, the social disorder and anomie brought about by the unclear definition of data ownership, and data ownership regulatory path are new propositions that need to be urgently addressed in this data-intensive society. This paper systematically explains the theoretical meaning and practical value of data ownership through a literature review on the analysis of domestic and foreign scholars as well as research think tanks, compares the differences and inherent conflicts between the definition of data ownership by the government, enterprises, and society in China, thoroughly compares the definition standards of the European Union, the United States, and Japan, and on this basis, discusses the formation of a definition of data ownership that meets the requirements of China’s digital transformation.
References
Pang B, 2020, Opinions of the State Council of the Central Committee of the Communist Party of China on Building a More Perfect Institutional Mechanism for Market-Based Allocation of Factors. www.gov.cn. http://www.gov.cn/zhengce/2020-04/09/content_5500622.htm
Zhou Y, Li Y, Cui K, et al., 2013, Database Principles and Development Applications (2nd Edition), Tsinghua University Press, Beijing, China, 1–2.
Scassa T, 2018, Data Ownership. CIGI Papers No. 187, Ottawa Faculty of Law Working Paper No. 2018-26. http://dx.doi.org/10.2139/ssrn.3251542
Rees C, 2014, Who Owns Our Data?. Computer Law & Security Review, 30(1): 75–79.
Bastani A, 2019, Fully Automated Luxury Communism, Verso Books, London, UK, 29–31.
Liu H, 2021, Data Hegemony and the New Type of Digital Imperialist Plunder. Contemporary Economic Studies, 306(2): 25–32.
Chen L, 2020, A Study on the Concept of Personal Data Ownership System and the Basic Establishment Framework. China Business Journal, 2020(20): 176–178.
Lee J, 2019, A Legal and Economic Analysis of the Ownership of Personal Data. Journal of Chongqing College of Arts and Sciences (Social Science Edition), 38(6): 114–122.
Ambrose ML, Ausloos J, 2013, The Right to be Forgotten Across the Pond. Journal of Information Policy, 3(1): 1–23.
Ying Y, 2019, Interim Measures for the Opening of Public Data in Shanghai (Shanghai Government Order No. 21). Shanghai Municipal People’s Government. https://www.shanghai.gov.cn/nw48156/20200825/0001-48156_62825.html
Chongqing Municipal People’s Government General Office, 2020, Interim Measures for the Open Management of Public Data in Chongqing (Chongqing Government Order No. 111). Chongqing Municipal People’s Government. http://www.cq.gov.cn/zwgk/zfxxgkml/szfwj/xzgfxwj/szfbgt/202009/t20200918_8837781.html
Huang Y, 2020, Legal Protection and Restriction of Data Property Rights from the Positioning of Factors of Production, South China University of Technology.
2016, Data Circulation Industry Self-Regulation Convention Version 2.0 was Officially Released in Beijing. Sohu. https://www.sohu.com/a/103057203_162886
iiMedia Report, 2020, 2020 China Mobile App Privacy Permissions Measurement Report. iiMedia Research. https://www.iimedia.cn/c1061/69301.html
2018, European Commission General Data Protection. Intersoft Consulting. https://gdpr-info.eu/
Galvin HK, DeMuro PR, 2020, Developments in Privacy and Data Ownership in Mobile Health Technologies, 2016-2019. Yearbook of Medical Informatics, 29(1): 32–43.
Zhao H, 2021, A Study of the Differences in Data Governance Paths Between the US and Europe in the TikTok Controversy. Journal of Intelligence, 40(5): 104–110 + 131.
U.S. Department of Commerce, EU-U.S. Privacy Shield Framework Principles Issued by The U.S. Department of Commerce. Privacy Shield Framework. https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg
Wang R, 2015, An Exploration of Data Ownership: The Core Legal Issue of Big Data Transactions. Big Data, 1(2): 41–47.
Van Alstyne M, Brynjolfsson E, Madnick S, 1995, Why Not One Big Database? Principles for Data Ownership. Decision Support Systems, 15(4): 267–284.
Wu C, Yu J, 2020, Exploration of Data Ownership Protection, Pricing and Distributed Application Mechanism for Public Management. E-Government, 2020(1): 29–38.