Subjects: Law >> Data Law submitted time 2024-04-08
Abstract： Abstract: The Civil Code of the People’s Republic of China defines personal information and data as two separate objects, with legislation such as the Personal Information Protection Law and the Data Security Law distinguishing between personal information and data. However, due to the lack of clear differentiation between the concepts of information and data in legislation and theoretical research, personal information, data, personal data, and personal information are used interchangeably, leading to ongoing disputes over the connotation and extension of data property rights. Through multidisciplinary, multilingual, and multi-level semantic and normative analysis of the concepts of information and data at the levels of facts, norms, and theoretical research, it is found that the view that information and data are one and the same, essentially identical, cannot hold true. Information and data cannot be equated in essence and also possess normative significance for differentiation. Information refers to all information, news, and content in human society, while data is a form of electronic or other recorded representation of information, emerging as a new expression of information under artificial intelligence and big data technologies; data belongs to information. The concepts of personal information, personal data, personal information property rights, and data property rights in Chinese legal texts and theoretical research also have distinct legal meanings.
Peer Review Status:
Awaiting Review
Subjects: Law >> Data Law submitted time 2024-02-17
Abstract： The "20 Data Articles" highlight the right to use data and dilute the concept of data ownership. In the process of data transactions, how to balance the personal information personality interests and property interests has become an issue that needs to be considered. In this article, the term "personal data" is used instead of "personal information" to highlight the property attributes. As a personality right, personal information rights and interests include ethical considerations such as human dignity, privacy, risk prevention, and balance of interests, and can be divided into sensitive personal data and non-sensitive personal data. Non-sensitive personal data may be traded for reasons including: the risk is controllable and it is not easy to damage human dignity; Increase the overall welfare of society. Sensitive personal data is subject to the prohibition of transactions, with the exception of transactions.
Peer Review Status:Awaiting Review
Subjects: Law >> Data Law submitted time 2023-11-17
Abstract： This article explores the relationship between AI and copyright, including the stages of AI development and learning, generation and utilization, and whether AI products belong to copyright. During the AI development and learning phase, exploitation activities that are not for the purpose of enjoyment can be carried out without the permission of the copyright owner. In the generation and utilization stage, if AI generated products have similarities and dependencies with existing works, it is necessary to obtain permission from the copyright owner or restrictions on usage rights. In addition, this article also discusses the issue of whether AI products belong to works and who the author is. If AI products are considered as "tools" used by humans to creatively express thoughts and emotions, they belong to works, and AI users are considered authors. In the case of AI generation, it is necessary to consider whether it infringes on copyright and how to obtain permission from the copyright owner or make significant modifications.
Peer Review Status:Awaiting Review
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