关键词: 大数据, 数据控制人, 财产权利, 权利限制, 信息服务, 信息交易

Abstract:

This paper defines the concept, the type and qualifications of big data controller, discusses the property rights of the big data controller and the reasonable limit of the exercise of the rights. The study believes that big data controller is organizations and individuals who have legitimate access to and control of the actual data to enjoy complete or part of the property rights and assume the corresponding legal obligations, and big data controller includes two types of organizations and individuals. To become the legal sense of the big data controller, the organizations and individuals needs to have five basic conditions: big data controller and original obligee of the data have authorized and binding relationship；big data is the data controller’s data assets，controller enjoy all or part of property rights; big data controller’s property rights come from the legal provisions and data of the original owner of the license authorization; data property rights of controller exercise correctly is the premise and guarantee to realize the value of big data and reduce the risk of information services; data controller in the exercise of property rights should be subject to necessary restrictions, and shall not damage national security, public social interest, business secrets and personal privacy.

Keywords: Big data, Big data controller, Property rights, Limitation of rights, Information service, Information transactions