The Opinions on Building Basic Systems for Data to Better Exploit the Value of Data Factors (the 20 Key Measures on Data) in China has significantly influenced the discourse around propertising personal data, leading to a distinct approach to personal data protection from the EU and the US. The ownership-usufruct system and conditional personal data property system are raised as two representative property systems in China. In the ownership-usufruct system, the ownership of personal data belongs to the original subject, and the data processors (the data controllers in the GDPR) obtain their usufructuary right through “obtaining consent + consideration”. In the conditional personal data property system, the data processors originally acquired the data property right based on legitimate data collection behaviour. The data property right is limited by pre-existing rights, the proportionality principle, and the fair use principle. Rather than idealising the propertisation of personal data, this paper offers a nuanced critique of its limitations, including conceptual ambiguities, the failure of the consent mechanism, and unbalanced digital market structures. These challenges reveal that the propertisation of personal data is a socio-technical issue that requires legal frameworks and technical infrastructures.
Personal Data Propertisation in China: A Difficult Road under the 20 Key Measures on Data
Qifan Yang
Primo
2025-01-01
Abstract
The Opinions on Building Basic Systems for Data to Better Exploit the Value of Data Factors (the 20 Key Measures on Data) in China has significantly influenced the discourse around propertising personal data, leading to a distinct approach to personal data protection from the EU and the US. The ownership-usufruct system and conditional personal data property system are raised as two representative property systems in China. In the ownership-usufruct system, the ownership of personal data belongs to the original subject, and the data processors (the data controllers in the GDPR) obtain their usufructuary right through “obtaining consent + consideration”. In the conditional personal data property system, the data processors originally acquired the data property right based on legitimate data collection behaviour. The data property right is limited by pre-existing rights, the proportionality principle, and the fair use principle. Rather than idealising the propertisation of personal data, this paper offers a nuanced critique of its limitations, including conceptual ambiguities, the failure of the consent mechanism, and unbalanced digital market structures. These challenges reveal that the propertisation of personal data is a socio-technical issue that requires legal frameworks and technical infrastructures.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
