论公共数据运营前的授权环节立法

Legislation on the Authorization Part of Public Data Operation

公共数据授权运营的授权环节具有存在的必要性并亟需法律规范。它是公共数据授权运营现有法律性质定位和保护第三方合法权益的需要,也是强调运营方法律责任、经营自主权及合理收益的需要,同时还可回避公共数据所有权尚无定论的弊端。公共数据运营前的授权环节涉及到授权主体、授权形式、运营方资格和数量、授权数据范围、授权方式、授权程序和授权运营协议等诸多关键立法内容。公共数据运营前的授权环节立法所需考量的主要价值标准是“效率优先,注重公平”和“数据安全和利用协调发展”原则。未来可基于这两大原则,对公共数据运营前的授权环节所涉各类法律问题进行合理有效规范。

The authorization part of public data operation is necessary and needs to be regulated for the following reasons.First,it is the need to identify the legal nature of public data authorization operation and protect the legitimate rights and interests of the third party.Second,it is also the need to emphasize the legal responsibility of the operator,secure its operating autonomy and reasonable income,and the need to avoid the pending discussion of the ownership of public data.The authorization part involves many legal issues,such as the authorization subject,the authorization form,the qualification and quantity of the operators,the scope of the authorized data,the authorization method,the authorization procedure and the authorization operation agreement.In our opinion,the main criteria for legislating the authorization part of public data operation are the management of a good balance between efficiency and fairness,data security and its use.In the future,all kinds of legal issues involved in the authorization part before the operation of public data can be reasonably and effectively regulated in accordance with a good balance between efficiency and fairness,data security and its use.