| In the current practice of data trading and usage, data, as a key element of production, is mainly controlled by a small number of enterprises and it is difficult for individuals and small and medium-sized businesses to use it. In order to realize the fair use of data, the European Union grants users the right to access and use data, the United States attaches importance to the market transaction of personal information data, while China emphasizes the comfirmation of rights to enterprise data. Data, however, has the characteristics of being aggregational, relational, scenario-dependent, non-competitive and non-exclusive, and comfirmation of data rights of different subjects does not help to resolve disputes in the process of data usage. It is more reasonable and feasible to treat data as an aggregated property with mixed rights and interests and achieve fair use of data through behavior regulation and data governance. For the use of commercial entities’ data, market autonomy and fair competition order should be emphasized. For the use of personal data, data governance rules should be constructed and improved in the two dimensions of “the individual vs. the enterprise” and “the collective vs. the enterprise”. For the use of public data, it is necessary to derogate the platform’s control right on data, grant commercial users limited data access and usage rights, and guarantee the individual’s right to data portability, so as to effectively balance the interest relationships between different parties. |
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