Personal information property value externalization path new solution

□ Peng Chengxin (Professor of Kaiyuan Law School of Shanghai Jiaotong University)

□ Shi Xiaoyu (Assistant Research at the China Institute of Law and Social Sciences of Shanghai Jiaotong University)

In the context of digital economy, personal information contains property value

The digital economy is becoming an emerging human high -quality economic form under the current technical context. The core is to form a large -capacity, high -speed, and diverse dataset through the massive collection, processing and integration of information, thereby relying on digitalization after digitalization The use of knowledge and information, guide enterprises to carry out insightful business decisions, and achieve rapid optimization and regeneration of resources. The two cores of the digital economy are data and algorithms, and the main source of data is the collection of personal information. The collected information transformed into important assets with property value after in -depth processing, becoming an important driving force for the development of the digital economy.

Research gap in the value of personal information property value externalization path

Personal information protection was placed in the "Personal Rights" in the "People's Republic of China", and personal information rights and interests were protected as a personality rights. However, personal information rights are different from traditional personality rights, that is, in the background of the digital economy, it is the personality rights containing property value. The natural property gene of personal information determines that the protection of personal information needs to pay attention to its commercial utilization, that is, how the property value contains is separated from the subject, and externalization is an active property that can be actively used, so as to obtain the digital economy development for personal information subjects The dividend provides legal path. In the existing theoretical research, the research on the externalization path of personal information and property is still blank, and the current status of the booming of the digital economy has required a response to the protection of property value in personal information business.

Personal information and property value externalization of traditional open right paths

The externalization of personal information and property needs to follow the general theory of transformation of personality rights to property rights and interests. In response to the development of the judgments and formulation laws of the disclosure in the United States, it has formed a relatively mature analysis framework. However, there is a essential difference between the traditional open right path and the value of personal information property.

First, the personality identification in the open power is different from the personal information between the association between the subject. The connection between names and portraits such as name and portrait is mainly based on audience consumer cognition as the basis for identification, and personal information recognition of natural persons is mainly the identification of digital technology. Therefore, for a certain personal information, there will be no difference in identification methods and means due to the differences of the subject. In the open power, the prerequisite for the public recognition and distinguishing the subject logo is The subject of its rights is compared to the distinction of general groups.

Second, the externalization of personal information and property is mainly manifested as data production, that is, obtaining the original personal information from the subject of personal information to form, deduct and analyze, and form high -quality derivative data and data products, thereby highlighting the value of property. In the data production session, whether it is a collection of data processing or analytical data processing, the main contributions and participants are data producers represented by data companies, and the subject of personal information is in a state of passive participation. On the contrary, in the public rights protection model, the value of a person's personality or portrait is based on the different personality or identity of the subject, which evokes the concern of the society and brings economic benefits.

Third, there is a conflict between the legal basis that the economic property rights and personal autonomy theory formed based on the control of the subject's identity and the theory of personal autonomy. Application and cannot cover all personal information business scenarios. The property value trading chain in personal information has the infinite ductility of time and space, which can cover the linear trading structure followed by traditional tangible assets.

Exploration of Personal Information Property Value Externalization Path

(1) The possibility of separation of personal information from the subject

Personal information is about the natural evaluation of individuals in traditional offline society and algorithm evaluation in digital society, which is an important part of the integrity of personal personality. The personality attribute of personal information determines that it cannot be commodified completely unlimited. The commercialization of personal information is essentially the externalization of property value in personal information. However, due to the physical inconvenience of personality interests and property value on personal information, the commercialization of personal information property value also needs to be restricted, otherwise destroying personality integrity is the dignity value that harms personal personality. The property value contained in the personal information can be externalized after being processed online by online automation. If you can ensure that your personal personality dignity is not violated, the subject of personal information has the right to independently decide when, how and how much to how much to how much to how much your own will. Others convey information about themselves. If a person cannot determine that his personal information is obtained by the third party with his own knowledge, the subject of personal information will be deprived of the freedom of goodwill.

Based on the above, the value of personal information and property is not a problem from its personality attributes. It is only necessary to determine the specific ways to realize the balance of interests between ensuring the freedom of personal will and encouraging data producers to create information property.

(2) Inform the way to choose to achieve the value of information and property as an individual

In reality, the value of personal information and property is achieved with data processing activities carried out by data producers. The subject of personal information participates in the chain of information flow through the Internet. Under the traditional open right model, individuals are mainly used by signing the license contract to give them to others, and they are reflected in the legal effect as the real conservation of the parties on the division of property rights and interests. In the information collection and data production activities in the network environment, whether or not they actively agree with or not, they are objective and passively participating, reflected as notice and choice. In practice, informing the selection of exercise models has a significant advantage. First of all, because the selection of the legal effect that is weaker than the general intention, there will be no right to transfer in the public right mode. Accordingly, the subject of personal information has always kept the pursuit of personal information rights in the process of information flow. There is no need to bear the risks caused by unpredictable information processing to personality dignity. Secondly, the selection does not require the absolute control of the information content of the personal information, which can be compatible with the network -shaped transaction structure in the online personal information processing activity, which is convenient for information processors to carry out information collection, use and processing anytime, anywhere. Instead of paying a large transaction cost to carry out negotiations for contract negotiations, it will help the circulation and sharing of information.

Conclusion

Personal information comes from individuals, closely related to personal identity or behavior, and has personality attributes. In the context of the digital economy, the natural characteristics of personal information contained in it have been excavated by unprecedentedly. Personal information circulation reflects the freedom of personal will. The personality attributes of personal information do not prevent the property value of its containing property that can be separated from the subject, externalization into property and can be used for commercial use. However, unlike traditionally controlled public rights protection models, the externalization of personal information and property value is based on the selection to achieve the purpose of weakening the reliability of rights. The defense power of information rights and interests also reduces the difficulty of information trading negotiations and promotes data circulation sharing. Therefore, the economic benefits that the digital economy development brings to people, and continues to protect and enhance the freedom and dignity of people.

Source: Rule of Law Daily

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