Data Governance and Innovation Column
Han Shipeng
As a new production factor, data embodies the unique attributes of shareability, replicability, and exponential growth potential. These characteristics are catalyzing profound transformations in both social productivity and the dynamics of production relations. Against this backdrop, the conventional property rights framework, predicated on the concept of ownership, is ill-equipped to address the practical demands of unlocking the intrinsic value of data. There are many theories currently surrounding the structural separation of data property rights, including labor empowerment theory, preemption theory, incentive theory, and so on. In fact, they all revolve around the protection of data property rights and the verification of a certain type of separation right in data property rights separation. For example, labor empowerment theory is actually more in line with the processing and use rights of enterprise data. Although the above theory can provide theoretical support for the structural separation of data property rights, it does not clarify the relationship between various sub rights under the structural separation of property rights and the value derived from the circulation and utilization of data elements. Therefore, this article introduces the theory of structural functionalism in an attempt to clarify the above relationship.
Under structural functionalism, data property rights are an organic whole system, and its internal subsystems such as data resource ownership, data processing and usage rights, data product management rights, and data property registration mechanisms will all have an impact on the overall operation of data property rights and the orderly circulation of data elements. Among them, the rights structure, operational logic, interrelationships, and collaborative mechanisms of each sub right must be developed around the ultimate function of releasing the economic value of data elements. After clarifying the compatibility between structural functionalism and data property rights structural separation, it is currently necessary to analyze the value of property rights structural separation from both structural and functional perspectives, as well as the subsequent rule construction.
At the functional level, the current structural division of data property rights should be elaborated on three aspects: innovating data protection models, unleashing the value of data elements, and balancing the interests of data subjects. Firstly, to address the shortcomings of traditional data rights protection models. Secondly, it meets the demand for value release throughout the entire lifecycle of data element circulation. Thirdly, balance the interests and needs of different data subjects.
At the structural level, the main focus is on the implementation of the structural separation of data property rights, namely the separation of public data ownership, enterprise data ownership, and the scenario based application of personal data. Firstly, in terms of admission, it is necessary to establish a relaxed authorization operation admission mechanism. Secondly, enterprise data should clarify the specific connotation of the separation of three rights. The subject of enterprise data holding rights should be limited to market entities, and the scope of power of data resource holding rights includes holding rights and the right to transfer use. The subject of the right to use data processing can be a legal or natural person who obtains raw data through legal or agreed upon means in the upstream data market. The processing methods include data cleaning, labeling, anonymization, cross matching, storage, etc. The right to profit from the operation of data products is the core power, and its implementation can rely on the establishment of data trading centers in various regions. Pricing, sales models, trading models, platform profit models, etc. are all feasible paths. Thirdly, the scenario based application of personal data. On the one hand, in terms of data classification standards, the principle of equity allocation can be introduced, that is, different equity protection models can be adopted based on the equity classification of different data subjects. On the other hand, in terms of data grading standards, it is necessary to consider flow restriction rules for sensitive data, privacy data, identity data, and biological data. In addition, it is currently possible to establish personal data asset accounts for storing, recording, and managing personal data.