实践样态与路径选择:网络平台用户数据合理利用法律规则的构建

Data has become a new type of production factor, and promoting the effective sharing and circulation of data has become a topic of general concern for countries around the world. Looking at the relevant laws and policies in extra-territorial areas, the European Union and the United States have increasingly emphasised the reasonable utilization of data on the basis of protection in accordance with the law. In order to solve the current problems such as chaotic off-site black market transactions, improper collection of data, improper use of data crawler technology, and stagnant data transactions in the on-site market, it is necessary to build a system for the reasonable utilization of user data on network platforms. On the basis of the principles of user consent, value sharing and fairness, reasonableness and non-discrimination, the scope of reasonable utilization of data should be clarified in three dimensions, namely, contractual use, statutory license use and fair use. Contractual use fully respects the autonomy of data holders and utilisers; it is clear that for public data without technical protection measures on the Internet, competitors of the same kind may apply the statutory licensing system to share data, and the use of scientific research based on commercialisation purposes may also apply the statutory licensing system; when determining whether the use constitutes reasonable utilization, it sums up the wisdom of the judicial practice, and takes into account the purposes of the use of the data, the impact on the data holder, the actual effect of the use of the data, the means of using the data, and other factors are taken into consideration.