网络经营者数据竞争性权益归属研究

Research on the Ownership of Data Competitive Rights of Network Operators

数据是网络经营者开展市场活动的关键生产要素,完全排他的数据权益归属则易产生数据利用率低与隐私安全风险等诸多问题,所以明晰网络经营者数据权益归属是数据市场良性发展的前提。文章基于“保护竞争而非竞争者”的理念,通过权衡经营者自由竞争的权益、用户自由决策的权益和良性竞争机制产生的公共利益,肯定网络经营者对于其数据资源享有竞争性权益,有助于规制网络经营者利用数据资源过程中的恶性竞争行为,鼓励其作为市场主体主动参与市场竞争。

Data are the key production factors for network operators to carry out market activities.Clarifying the ownership of data rights and interests of network operators is the prerequisite for the benign development of the data market.The exclusive ownership of data rights is easy to cause many difficulties such as low data utilization and privacy security risks.Therefore,based on the concept of‘protecting competition rather than competitors’,by weighing the rights and interests of free competition of operators,the rights and interests of users’free decision-making and the public interest generated by benign competition mechanism,it is sure that network operators have competitive rights and interests for their data resources,which is helpful to regulate the vicious competition behavior of network operators in the process of using data resources and encourage them to actively participate in market competition as the market players.