Data resource holding right: limitations from the dual perspectives of the individual and society
Wang Ce
School of Law,Qinghai Minzu University
Abstract： In the context where data has become a key factor of production, the data resource holding right holds significant importance in the digital economy. Based on the data processing procedure, the object of the data resource holding right is defined as the original data obtained legally, excluding data sets that have undergone further processing.The realization of the data resource holding right includes limited control of possession, limited scope of profit, and disposition with restricted methods. The ways of realizing this right are subject to dual restrictions. At the individual level, individual consent is the foundation for the implementation of the data resource holding right, while trade secrets and the rights of data originators constitute the boundaries of its implementation. At the societal level, competition law and the principle of fair use restrict the Data Resource Holding Right. Competition law restricts the right to maintain fair market competition, while the principle of fair use balances the interests of data holders and the public. The applicable conditions of the principle of fair use include non-commercial use, scientific research and education, as well as public welfare research.
Key words : data resource holding right; individual rights; social interests; legal restrictions
