Weixing Fu
Doctoral candidate in civil and commercial law, China University of Political Science and Law, Beijing 100088, China
Abstract: Data, as a unique form of asset, holds significant commercial and economic value, characterized by its valuableness, infinite replicability, and updatability. The delimitation of data rights encompasses various aspects, including ownership and control over personal information, data access rights, rights to rectification and erasure, data portability, and the right to data publication. The process of defining data rights is dynamic, requiring continuous adjustment and balancing of the interests of all parties involved to achieve the rational, secure, and sustainable utilization of data resources. Using Wesley Hohfeld's analytical theory of rights as a starting point, the definition and balancing of data rights must also take into account factors such as legal regulations, public interest and ethics, personal privacy protection, and the principles of data sharing and openness. By comprehensively applying Hohfeld's framework of jural relations, effective protection and rational utilization of data rights can be achieved, offering a valuable conceptual framework for data rights delimitation.
Keywords: Hohfeld; Data Rights; Personal Information Protection; Legal Relations
References
Innovation Series is an academic publisher publishing journals and books covering a wide range of academic disciplines.
Francesc Boix i Campo, 7 08038 Barcelona, Spain