| Different from other factors of production, data is suitable for protection by liability rules, regardless of whether data rights are confirmed or not. Since the level of protection afforded to personal data and enterprise data by law is already higher than that of liability rules in China, confirmation of data rights has no practical significance. Confirmation of data rights could only be pursued on the basis of a bundle of different rights, which would inevitably lead to the tragedy of the anticommons and impede the access to and sharing of data. China is faced with various practical challenges in promoting the access to and sharing of data, which is in essence the pursuit of network effects. Therefore, it is imperative for China to promulgate the Regulations on the Open Access to and Sharing of Public Data, so as to push forward the openness and sharing of public data while laying institutional foundations for the access to and sharing of non-public data through systematic responses by different branches of law. The “Twenty Articles on Data” reaffirms the experiences of legal interest protection for data in legislative and judicial practices, and innovates the concept of data property by weakening the idea of ownership while strengthening the idea of usage, thereby accelerating the flow of data. The new concept of data property is totally different from the traditional concept of the property right or ownership right, and it is necessary to have a scientific understanding of this concept and gradually improve relevant institutions in practice. |
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