Introduction
Data as a new type of resource has become an indispensable element in the business activities of enterprises, governments, and individuals. As the market's demand for data continues to increase, the data transaction market has become increasingly active and has become an effective way for data circulation. Data transaction is a commercial activity that realizes the flow of data, funds and rights through matching supply and demand. The current data transaction center mainly obtains data through third-party data, government public data, network crawling data, and enterprise own data. After that, the data is processed and processed to generate data packages or data products that can be traded. Data demanders choose. Z2z
data has the characteristics of fast update speed, large amount, value, and reproducibility, so data protection in data transactions cannot be ignored. Data protection mainly includes two aspects. One is the protection of data security, and the other is the protection of data rights of relevant subjects. Through the protection of these two aspects, the effective and orderly circulation of data can be realized. With the frequent conduct of transaction activities, the contradiction between data transaction and protection has become increasingly prominent, but the current legal system is not perfect, the awareness of data protection is not strong enough, and there is a lack of a more complete data transaction and data protection balance mechanism.
Part 1
The contradiction between data transaction and data protection
The contradiction between data transaction and data protection is mainly caused by the imbalance between data transaction and data protection. That is, the degree of data transaction is less than the degree of data protection, the degree of data transaction and the degree of data protection are balanced, and the degree of data transaction is greater than the degree of data protection. The imbalance between the degree of data transaction and the degree of data protection will hinder the smooth progress of data transaction activities, mainly in the following three aspects.
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data security issues
data security issues have always attracted people’s attention in the data transaction process. Due to the large volume, diversity, and high-speed characteristics of data, the protection of data security during the transaction process is very important, and the data has potential Reproducibility, which also increases the difficulty of data security to a certain extent. In data transactions, data security is mainly protected through three channels. The first is laws and regulations, the second is the mutual supervision of relevant entities, and the third is the self-discipline of relevant entities. At present, the relevant laws for data security protection in the data trading market in my country are not complete enough, so the self-discipline and mutual supervision of relevant entities in the transaction process are very important for data security protection. For example, the Guiyang Big Data Exchange stipulates that the lowest-level data cannot be traded. The Shanghai Big Data Exchange issued the "Principles of Personal Data Protection" and so on to ensure data security. However, there is no uniform legal standard, the regulations of different platforms are also different, and the data transaction environment is not standardized enough. As the market’s demand for data continues to increase, if the degree of data protection is less than the degree of data transaction, it will lead to chaos in the data transaction market, lack of restrictions on data transactions, and data security issues such as data leakage and irregular use of data. It brings risks such as privacy leakage and reputation damage to data subjects, unreasonable use of data property rights to data controllers, and even legal disputes. Therefore, only by ensuring data security can the data transaction market be stabilized, which is also a basic prerequisite for effective data transactions.
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Data value cannot be fully utilized. The importance of
data security is undoubtedly important, but data cannot be overprotected, such as prohibiting data from circulating in the market. This will lead to data monopoly and fail to effectively play the value of data. The value of data lies in the production of useful information or products through the integration, crossover, and comprehensive analysis of data. For example, for companies, they can make decisions through data analysis, adjust marketing plans, and optimize services. If data circulation is forbidden to ensure data security, the value of data will stop at the present time and cannot be deeply explored. Data circulation is an effective way to increase the utilization rate of data and increase the value of data. The data transaction market provides a convenient platform for data circulation. If too much attention is paid to data protection, it will lead to an imbalance in the data transaction market and data demanders cannot find it. The data you need, but the data provided by the data provider cannot meet the market demand, causing a mismatch between supply and demand. If the degree of data protection is greater than the degree of data transaction, the circulation of data will be restricted and the value of data will not be able to be fully utilized.
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Data transaction market activity is reduced, and industrial economic benefits decline
Whether the degree of data transaction is greater than the degree of data protection, or the degree of data transaction is less than the degree of data protection, the imbalance between the two will lead to a decrease in the activity of the data transaction market. The decline in production volume has led to a decline in industrial economic benefits. According to the analysis of the above two situations, it can be seen that when the degree of data transaction is greater than the degree of data protection, it will lead to chaos in the data transaction market, increase the risk, directly bring hidden dangers to data security, and indirectly reduce the activity of related entities; When the degree is less than the degree of data protection, data circulation may be hindered, supply and demand will not be smooth, and the success rate of transactions will directly decrease, thereby indirectly making the value of data unable to be fully utilized. Therefore, the final result of the two situations will result in a decrease in the activity of the data transaction market and a decline in industrial economic benefits.
Part 2
Balance between data transaction and data protection Suggestions
In order to ensure the stability of the data transaction market, promote the orderly and smooth progress of data transactions, and improve the economic efficiency of the industry, we need to ensure the balance between data transactions and data protection.
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Improve the legislative system to clarify the details of data transaction and protection
As a new type of industry, data transaction is still in its infancy in the domestic development. Without legal support, it is difficult to standardize the data transaction market. Therefore, it is necessary to improve the legislative system, stipulate the scope and purpose of use of data in the data transaction market, clearly prohibit illegal use, and improve data protection measures to promote the effective circulation of data while ensuring data security. The phenomenon of data monopoly, so as to give full play to the value of data. There are laws to follow to make the data transaction process more orderly, thereby ensuring the perfection and standardization of the data transaction market, improving market activity, and enhancing market stability.
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Determine the ownership of data rights, clarify the responsibilities and obligations
The problem of ownership of data rights has always been a difficult point in data transactions. At present, relevant institutions are actively seeking solutions. The EU’s "General Data Protection Regulations" have carried out related data rights. According to regulations, Guiyang Big Data Exchange, Guoxin Youyi, etc. also provide rights confirmation services. Data confirmation is the protection of the rights of relevant subjects and the guarantee of data use. However, while the relevant subjects enjoy their rights, they also protect data. Responsibility. At present, in the field of data transactions, more attention is paid to the rights enjoyed by data subjects, but their responsibilities and obligations are ignored. The law provides a basis for data protection, but the responsibility for data protection should also be borne by relevant subjects. Therefore, the ownership of data rights needs to be determined. While enjoying data rights, relevant subjects should clarify their own responsibilities and obligations, and use and protect data in accordance with the law. .
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Strengthen the construction of the transaction standard system
The standardization and standardization of the data transaction process is conducive to promoting the orderly progress of data transactions and maintaining the stability of the data transaction market. my country’s data transaction industry has just started, the transaction system is still not perfect, and there is no unified transaction standard, such as data pricing methods, transaction channels, etc. are still in the exploratory stage, strengthen the construction of the transaction standard system, standardize the transaction process, and build an orderly Trading the market, improving user experience, thereby increasing user participation, enhancing market activity, and thereby enhancing industrial economic benefits. A standardized data transaction market is the foundation for promoting the development of data transactions, and it is also the foundation for enhancing the competitiveness of the industry. Strengthen the construction of a transaction standard system, so that my country's transaction market will gradually be standardized, thereby promoting the development of the data transaction industry.
(The content of the article is extracted from Wang Wei, Zhang Mengjun, Wang Jing "Research on the Balance of Data Transaction and Data Protection", if there is any infringement, please contact to delete)
