The Construction of Fundamental Systems for Data Right ConfirmationWith a Focus on the “Separation of Three Rights” of Data Elements

The exploration of the value of data elements has reached a new stage. Data right confirmation is a practical requirement for the further development of China’s modernized digital economy from the perspective of the rule of law. Given some special attributes of data and the mixed and inconsistent understanding of concepts and policies within the scope of data right confirmation, the data right confirmation system has been in a long-term stagnation period. Merely relying on the operational logic of existing laws cannot meet the needs, and there is an urgent need for theoretical support and mechanism innovation. Firstly, data property rights are a special type of property right, and a bundle of rights should be constructed from the perspective of data circulation, with the purpose of exerting the value of data, and by clarifying data elements as the object of rights. Secondly, the system design of data right confirmation should further deepen the concept of “separation of three rights” in the Twenty Provisions on Data and establish a data right confirmation framework both vertically and horizontally. Vertically, data elements are separated into public data, enterprise data, and personal data; horizontally, according to different scenarios of data circulation, it is divided into three stages: possession, processing and use, and product operation, so as to determine the corresponding rights and ownership. This data right confirmation framework fully considers the balance between pursuing data value and maintaining data security at present, and effectively avoids the security risks of confirming rights for the huge stock of data as a whole. A more profound significance of data right confirmation lies in giving full play to the value of data elements through the data property rights system. However, the pursuit of the economic value of data should be limited by legal rights.