The Analysis of Laborer’s Data Right: Justification of Right and Normative Construction

Purpose/Significance Data and labor force are closely linked in the market of production factor, constantly prompting laborers to update their claims of data-related rights and interests.Therefore, the system of laborer’s data right should be established. Design/Methodology We clarify the connotation of rights through the Hohfeld’s right theory, and justify the setting of rights from three aspects: workers’ protection, digital economy development and national data technology governance capacity enhancement. Then, based on the logical starting point of protecting workers and the logical goal of developing the digital economy, a rights system consisting of workers’ right to data privacy and data self-determination is constructed. Conclusions/Findings In order to protect laborer’s data right, we could set up a progressive rule of law protection model, make a balanced chioce among many values, follow the principle of public interest priority and set limited protection boundaries in the time and space dimensions.