Research on the Construction Path of New Data Property Right

Purpose/Significance With the arrival of the era of big data and the development of data economy, data’s property value has become increasingly prominent, and the competition for data information resources has also intensified. In the case of data infringement, the traditional idea of data information protection not only fails to effectively protect the security of personal information, but even hinders the vitality of data business development. Design/Methodology With the development of big data, the protection path of contract law and the tort law is bound to be difficult to cope with the complex relationships of data interests. Therefore, under the situation that data property has the positive significance of optimizing the allocation of market resources and giving full play to the advantages of data, a new theory of property right protection is emerging. Findings/Conclusion As network operators play a more and more irreplaceable role in promoting the development of data economy, both network users and network operators should be the main body of data property rights, and data property rights should be constructed on the premise of a double-layer structure that network users who own the personal information interests and data interests at the same time and network operators who configure data operation rights and data asset rights.