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数据权益司法保护
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数字经济时代如何保护数据权益 六件指导性案例公布
Yang Shi Xin Wen· 2025-08-28 07:10
Core Viewpoint - The Supreme People's Court of China has released six guiding cases on data rights protection, addressing key societal concerns regarding data ownership, utilization, personal information protection, and network platform account delivery, thereby standardizing judicial measures for similar cases [1][2]. Group 1: Judicial Cases Overview - The number of data-related cases in Chinese courts has significantly increased, with the number of first-instance cases in 2024 being double that of 2021 [2]. - The complexity of data's economic and legal characteristics has led to new types of cases and increased difficulty in adjudication, drawing significant public attention [2]. - Courts are applying the Civil Code and Personal Information Protection Law to effectively handle data disputes involving personality rights and property rights, while also addressing issues of infringement [2]. Group 2: Specific Guiding Cases - Case 1: A case involving a technology company and a media company regarding unfair competition due to data scraping from a network platform, clarifying that platform operators can seek legal protection for their data-related business interests [4]. - Case 2: A case concerning a network information technology company and an information technology company, which clarified that providing associated account services with user consent does not constitute unfair competition [4]. - Case 3: A case involving a steel company and an e-commerce company regarding infringement liability, establishing that lawful data collection and processing that does not harm enterprise rights will not result in liability [4]. - Case 4: A case regarding excessive collection of personal information by an app operator, which determined that unnecessary collection of user profile information constitutes an infringement of personal information rights [5]. - Case 5: A case involving a credit management company and a user, clarifying that collecting personal information for credit services is necessary for contract fulfillment [5]. - Case 6: A case concerning the execution of delivering network platform accounts, emphasizing the need to consider account characteristics and comply with real-name authentication regulations during account delivery [5].
专访最高法副院长贺小荣:加大数据权益司法保护力度,促推人工智能为民、向善、守法
21世纪经济报道· 2025-03-07 05:21
Core Viewpoint - The article emphasizes the importance of algorithm regulation in the context of new employment forms, highlighting the need to protect workers' rights while promoting the healthy development of the platform economy [1][4][5]. Group 1: New Employment Forms - New employment forms have become a significant employment reservoir, with 84 million workers engaged in these roles, accounting for 21% of the total workforce in China [4][5]. - The Supreme People's Court is actively working to establish legal frameworks that recognize and protect the rights of workers in new employment forms, ensuring a balance between labor rights and platform economic growth [4][5][6]. Group 2: Algorithm Regulation - Algorithms are identified as a key technology in managing new employment, with their control level being a crucial factor in determining the legal relationship between platforms and workers [7][9]. - The Supreme People's Court has issued guidelines to ensure that algorithms used in labor management do not violate workers' rights, emphasizing the need for transparency and fairness in algorithmic decision-making [8][9]. Group 3: Legal Challenges and Solutions - The complexity of labor relations in new employment forms poses challenges in accurately determining the existence of labor relationships, which significantly impacts workers' rights [6][9]. - The court has introduced guiding cases to clarify the standards for recognizing labor relationships in new employment forms, aiming to unify the adjudication standards and protect workers' rights [5][6]. Group 4: Data Rights and Protection - The article discusses the increasing importance of data rights and judicial protection in the context of digital economy and artificial intelligence, highlighting the need for clear legal frameworks to address disputes arising from these technologies [12][13]. - The Supreme People's Court is committed to enhancing judicial protection of civil rights in the digital economy while supporting the development of new industries [13][14].