Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through e...Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.展开更多
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
This paper explores the data theory of value along the line of reasoning epochal characteristics of data-theoretical innovation-paradigmatic transformation and,through a comparison of hard and soft factors and observa...This paper explores the data theory of value along the line of reasoning epochal characteristics of data-theoretical innovation-paradigmatic transformation and,through a comparison of hard and soft factors and observation of data peculiar features,it draws the conclusion that data have the epochal characteristics of non-competitiveness and non-exclusivity,decreasing marginal cost and increasing marginal return,non-physical and intangible form,and non-finiteness and non-scarcity.It is the epochal characteristics of data that undermine the traditional theory of value and innovate the“production-exchange”theory,including data value generation,data value realization,data value rights determination and data value pricing.From the perspective of data value generation,the levels of data quality,processing,use and connectivity,data application scenarios and data openness will influence data value.From the perspective of data value realization,data,as independent factors of production,show value creation effect,create a value multiplier effect by empowering other factors of production,and substitute other factors of production to create a zero-price effect.From the perspective of data value rights determination,based on the theory of property,the tragedy of the private outweighs the comedy of the private with respect to data,and based on the theory of sharing economy,the comedy of the commons outweighs the tragedy of the commons with respect to data.From the perspective of data pricing,standardized data products can be priced according to the physical product attributes,and non-standardized data products can be priced according to the virtual product attributes.Based on the epochal characteristics of data and theoretical innovation,the“production-exchange”paradigm has undergone a transformation from“using tangible factors to produce tangible products and exchanging tangible products for tangible products”to“using intangible factors to produce tangible products and exchanging intangible products for tangible products”and ultimately to“using intangible factors to produce intangible products and exchanging intangible products for intangible products”.展开更多
With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online...With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.展开更多
Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about...Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.展开更多
That the world is a global village is no longer news through the tremendous advancement in the Information Communication Technology (ICT). The metamorphosis of the human data storage and analysis from analogue through...That the world is a global village is no longer news through the tremendous advancement in the Information Communication Technology (ICT). The metamorphosis of the human data storage and analysis from analogue through the jaguars-loom mainframe computer to the present modern high power processing computers with sextillion bytes storage capacity has prompted discussion of Big Data concept as a tool in managing hitherto all human challenges of complex human system multiplier effects. The supply chain management (SCM) that deals with spatial service delivery that must be safe, efficient, reliable, cheap, transparent, and foreseeable to meet customers’ needs cannot but employ bid data tools in its operation. This study employs secondary data online to review the importance of big data in supply chain management and the levels of adoption in Nigeria. The study revealed that the application of big data tools in SCM and other industrial sectors is synonymous to human and national development. It is therefore recommended that both private and governmental bodies should key into e-transactions for easy data assemblage and analysis for profitable forecasting and policy formation.展开更多
In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strate...In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.展开更多
Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data con...Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.展开更多
The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all...The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient.展开更多
The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci...The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.展开更多
The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity...The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.展开更多
基金the current result of the “research on the basic category system of contemporary Chinese digital law” (23&ZD154), a major project of the National Social Science Fund of China.
文摘Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
基金funded by“Management Model Innovation of Chinese Enterprises”Research Project,Institute of Industrial Economics,CASS(Grant No.2019-gjs-06)Project under the Graduate Student Scientific and Research Innovation Support Program,University of Chinese Academy of Social Sciences(Graduate School)(Grant No.2022-KY-118).
文摘This paper explores the data theory of value along the line of reasoning epochal characteristics of data-theoretical innovation-paradigmatic transformation and,through a comparison of hard and soft factors and observation of data peculiar features,it draws the conclusion that data have the epochal characteristics of non-competitiveness and non-exclusivity,decreasing marginal cost and increasing marginal return,non-physical and intangible form,and non-finiteness and non-scarcity.It is the epochal characteristics of data that undermine the traditional theory of value and innovate the“production-exchange”theory,including data value generation,data value realization,data value rights determination and data value pricing.From the perspective of data value generation,the levels of data quality,processing,use and connectivity,data application scenarios and data openness will influence data value.From the perspective of data value realization,data,as independent factors of production,show value creation effect,create a value multiplier effect by empowering other factors of production,and substitute other factors of production to create a zero-price effect.From the perspective of data value rights determination,based on the theory of property,the tragedy of the private outweighs the comedy of the private with respect to data,and based on the theory of sharing economy,the comedy of the commons outweighs the tragedy of the commons with respect to data.From the perspective of data pricing,standardized data products can be priced according to the physical product attributes,and non-standardized data products can be priced according to the virtual product attributes.Based on the epochal characteristics of data and theoretical innovation,the“production-exchange”paradigm has undergone a transformation from“using tangible factors to produce tangible products and exchanging tangible products for tangible products”to“using intangible factors to produce tangible products and exchanging intangible products for tangible products”and ultimately to“using intangible factors to produce intangible products and exchanging intangible products for intangible products”.
基金the phased research result of the Supreme People’s Procuratorate’s procuratorial theory research program“Research on the Governance Problems of the Crime of Aiding Information Network Criminal Activities”(Project Approval Number GJ2023D28)。
文摘With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.
文摘Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.
文摘That the world is a global village is no longer news through the tremendous advancement in the Information Communication Technology (ICT). The metamorphosis of the human data storage and analysis from analogue through the jaguars-loom mainframe computer to the present modern high power processing computers with sextillion bytes storage capacity has prompted discussion of Big Data concept as a tool in managing hitherto all human challenges of complex human system multiplier effects. The supply chain management (SCM) that deals with spatial service delivery that must be safe, efficient, reliable, cheap, transparent, and foreseeable to meet customers’ needs cannot but employ bid data tools in its operation. This study employs secondary data online to review the importance of big data in supply chain management and the levels of adoption in Nigeria. The study revealed that the application of big data tools in SCM and other industrial sectors is synonymous to human and national development. It is therefore recommended that both private and governmental bodies should key into e-transactions for easy data assemblage and analysis for profitable forecasting and policy formation.
文摘In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.
基金the project of China Human Right Research Society“Research on Human Right Protection in Electronic Data Evidence Obtainment”(CSHRS2020-17YB)the key project of the National Social Science Fund of China“Research on the Criminal Evidence Theory System with Chinese Characteristics”(18ZDA139)
文摘Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.
基金National Natural Science Foundation of China(Grant No.61976064)the National Natural Science Foundation of China(Grant No.62172123).
文摘The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient.
基金the provincial key academic project Research of the Grassroots Negotiation and Governance Modernization Viewing from the Angle of State Governance(2019-GDXK-0005)
文摘The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.
文摘The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.