Year: 2024
Type: article
Abstract: The conventional theories surrounding data legal benefits, whether dependent or independent, exhibit several shortcomings in addressing the complexities of ownership definitions that stem from the intangible and fluid nature of data. This inadequacy may inadvertently result in the inappropriate broadening of criminalization standards. Data legal benefits ought to be recognized as a unique category of legal benefit, characterized by a dualistic nature, where a dynamic interplay exists between intrinsic legal benefits and functional legal benefits. Any infringement upon the core of data could pose a direct threat to the legal benefits tied to the real-world implications of that data. In light of this understanding, I propose a "dual-layer data legal benefit protection framework," which categorizes data legal benefits and establishes tiered protection along with differentiated regulation for personal data, corporate data, and public data.
DOI: 10.54691/hnb5j885
Author: Kangyuan Li
Institution: Xinjiang University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4406686116