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最高法将研究起草数据产权司法保护指导意见,对于智能汽车影响几何?
Zhong Guo Qi Che Bao Wang·2025-08-08 09:04

Core Viewpoint - The Supreme People's Court of China has proposed to draft judicial protection guidelines for data property rights, which is expected to provide regulatory guidance for data rights in the smart automotive industry and ensure the legal application of automotive data [3][8]. Group 1: Data Challenges in Smart Automotive - The rapid development of smart vehicles has led to confusion regarding data property rights and management, making it difficult for consumers to access complete and accurate data when issues arise [4][5]. - Current regulations lack clarity in defining data ownership, particularly for non-personal data such as vehicle operational data and road traffic data, which hampers the effective use of data by automotive companies [5][6]. - The complexity of data collected from smart vehicles includes various types such as vehicle operation data, user driving behavior data, and environmental data, creating a complicated data ecosystem [4]. Group 2: Balancing Data Rights and Public Interest - The potential misuse of geographic and traffic data collected by smart vehicles poses risks to public interest and social safety, highlighting the need for a balanced approach to data sharing [6][7]. - Data sharing is crucial for advancing autonomous driving technology, but the lack of clear data ownership and profit-sharing mechanisms has led to "data islands," hindering collaborative innovation [6][7]. - Consumers often lack awareness of what personal data is collected and how it is used, raising concerns about privacy when their driving behavior data is used for commercial purposes without prior consent [6]. Group 3: Future Directions for Data Governance - The proposed judicial protection guidelines are anticipated to clarify data rights and protections, potentially referencing the "Twenty Data Rules" to establish a framework for data resource ownership and usage rights [8][9]. - The guidelines may allow automotive companies to legally utilize anonymized raw data collected from vehicles for training autonomous driving models, thereby enhancing decision-making capabilities and safety [8][9]. - The judicial guidelines aim to address the definition and protection of smart automotive data, activate data elements, and create a balanced mechanism between development and safety, supporting the construction of a regulatory framework for the smart automotive industry [10].