数字经济时代个人数据产权保护问题研究

Research on Property Rights Protection of Personal Data in the Era of Digital Economy

随着数字产业化和产业数字化规模不断扩大,数字经济已成为我国经济高质量跨越式发展的新动力,个人数据作为大数据的基础,商业价值日益凸显,清晰的个人数据产权和完善的保护措施是充分利用这一要素的前提。在肯定个人数据产权司法保护日趋有力的同时,实践中也存在亟待解决的难题:用户人身财产受到威胁、生物识别技术应用对信息主体权益的影响、个人数据公益诉讼面临的新问题、个人数据跨境流动可能带来新风险等。破解个人数据产权保护难题需要从以下方面入手:完善知情同意保护规则、确立多元化监管模式、进一步完善个人数据检察公益诉讼制度、跨境数据流动应对措施多元化。

With the continuous expansion of digital industrialization and industrial digitalization, digital economy has become a new driving force for China’s high-quality and leap-forward economic development. As the basis of big data, personal data has become increasingly prominent in its commercial value. Clear property rights of personal data and perfect protection measures are the premise and basis of making full use of this element. While affirming the increasingly strong judicial protection of personal data property rights, there are also some problems that need to be solved urgently in practice, such as the threat to the personal property of users, the impact of the application of biometrics technology on the rights and interests of information subjects, the new problems that the public interest litigation of personal data faces, and the new risks that the cross-border flow of personal data may bring. To solve the problem of personal data property right protection, we need to start from the following aspects: improving the protection rules of informed consent, establishing diversified supervision modes, further improving the public interest litigation system of personal data procuratorial work, and taking diversified response measures for cross-border data flow.