谁投入、谁贡献、谁受益，最高法首次发布涉数据权益指导案例

Core Viewpoint - The Supreme People's Court of China has released its first set of guiding cases on data rights protection, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts, aiming to unify the adjudication standards for similar cases [1][2][3] Group 1: Guiding Cases Overview - The first case involves a dispute over unfair competition due to data scraping from an online platform, clarifying that platform operators can seek legal protection when their business interests in data collections are infringed [1] - The second case addresses unfair competition related to associated account services on online platforms, stating that transferring user data with authorization does not constitute unfair competition if it does not disrupt market order [1] - The third case concerns a tort liability dispute over the compilation and publication of a steel price index, establishing that data processors can legally collect and process enterprise data without incurring liability if it does not harm the rights of the enterprises involved [2] Group 2: Personal Information Protection - The fourth case highlights a dispute regarding excessive collection of personal information by an app operator, indicating that collecting user profile information not necessary for service provision constitutes an infringement of personal information rights [2] - The fifth case deals with personal information protection in a "pay after use" service model, confirming that collecting personal credit information is necessary for fulfilling contractual obligations [2] - The sixth case focuses on the execution of delivering online platform accounts, emphasizing the need to consider account characteristics and comply with real-name authentication regulations during the transfer process [3] Group 3: Legal Framework and Economic Implications - The guiding cases aim to establish a preliminary framework for judicial protection of data rights, addressing conflicts arising from data ownership, circulation, transaction, and security [3] - The Supreme Court's initiative is intended to activate the potential of data elements and promote the development of the digital economy, adhering to the principle of "who invests, who contributes, who benefits" in protecting the rights of data processors [3]