On the logical rules of enterprise data validation --Observations based on one hundred and fifty adjudication documents

Abstract

Enterprises are essential participants in the data market. Properly defining the ownership of enterprise data can stimulate better the vitality of data and the enthusiasm of enterprise subjects. At present, the classification and grading of enterprise data are in a wide range of views, and it is difficult to unify the standard of confirmation of rights, so it is necessary to seek a proper rule of proof of ownership. Based on the observation of judicial practice, data rights should be confirmed in two steps: the first step is whether there are conditions for the confirmation of ownership, i.e., the necessity of data rights, including three specific aspects: the data has a particular scale and value; there is a data processing relationship between the user and the enterprise; and the purpose, scope, and way of using the data are legal. The second step is the specific steps to be taken to establish the right: in turn, five specific criteria are identified: whether the enterprise’s access to data is authorized, whether the data is desensitized, whether it is costly or intellectually demanding, whether the data can be recovered, and the type of data product.