The governance approach to data classification, grading, authorization, and right confirmation——based on domestic and international data management practices
Xu Juan
Institute of Big Data Law, Nanjing University of Information Science & Technology
Abstract： The dilemma of data right confirmation under the overall authorization of national data encompasses challenges from normativism, valorism, and positivism. Public governance serves as the theoretical foundation to address this issue. Balance can be struck both in conflicts over data property rights and in conflicts over legal acts related to data. Through spatial governance, the rational utilization of data resources can be achieved, individual data rights can be protected, and innovative forms of governance can be developed within the data domain. In the context of data governance practices in open data archipelagos, a data spatial governance approach is proposed. This approach includes establishing a pricing mechanism that shifts from private to public interest, creating data classification lists, setting data grading standards and security control measures, formulating behavioral norms, and expanding norms for altruistic behavior by public entities.
Key words : national data management; classification and grading; authorization and right confirmation; public-private partnership
