The Selection of Rules for the Data Protection and Torts of the Second Use of Data in the Big Data Era——Based on the“C&M Framework”
Liu Tie-guan · Journal of Xiangtan University · 2015
Data is the core element of big data,the potential value of which can be realized through the second use,integration and extended data by adequate use. Even if the data has been anonymized,it may infringe other people's right of personality such as privacy right in its second use. Because of the importance of the data and the possibility of torts in its second use,the proper rules of protection and relief rules must be established. The classical theory of the Economic Analysis of Law,namedCM Framework,should be set as the standard of checking the existing rules and establishing future rules: the Property Rules for the data related to the right of personality right,copyright,trade secrets,etc,in the existing law should be maintained,and such Rules should be extended to the anonymized data collection by stipulating a specific right in future legislation. The present situation in which the original data which is irrelevant with the right of personality,copyright,trade secret,etc,has not be granted right,should be maintained; as for the torts in the second use of data,Liability Rules should be established,ensuring the realization of the value of big data.