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专家观点:数据共享中的数据再利用规则
3 6 Ke· 2025-12-03 02:27
Core Viewpoint - The Supreme People's Court has established systematic adjudication rules for data rights disputes, affirming the legality of data transfer through associated account services with user authorization, as highlighted in Guiding Case No. 263 [1][2]. Group 1: Necessity and Legitimacy of Data Sharing - Data sharing is essential as it allows data collectors to share their collected data, forming a contractual relationship between collectors and sharers, with low marginal costs for sharing [3]. - The shift from a property-centric view to a utilization-centric view emphasizes the importance of data sharing for maximizing its value [3]. - Associated account services exemplify data sharing, reducing user management burdens and enabling timely updates and comparative analysis of information [3][4]. Group 2: Benefits of Open Interface Data Sharing - Open interface data sharing facilitates unified management of multiple accounts, reducing the costs associated with frequent registrations and platform management [4][5]. - The convenience of one-click login features, such as WeChat's, significantly enhances user experience by simplifying the login process [5]. - Data sharing aligns with national policies aimed at promoting efficient data circulation and empowering the real economy [6]. Group 3: Market Competition and Service Quality - Open interface data sharing can enhance market competition and service quality, countering the misconception that it reinforces platform monopolies [7]. - The ability to transfer data freely encourages platforms to improve their services, thereby benefiting users and fostering a competitive environment [7]. Group 4: Data Rights and Limitations - Data rights for recipients depend on user authorization, with the need for clear agreements between data providers and recipients [9][10]. - Data recipients must not infringe on the rights of data sources, and their use of data must align with the original purpose for which it was authorized [14][15]. - The transfer of data must not disrupt the normal operations of associated platforms or violate commercial ethics, as established in Guiding Case No. 263 [16]. Group 5: Conclusion on Data Value - The value of data lies in its shared circulation rather than exclusive acquisition, necessitating the exploration of rules that protect user rights while enabling data sharing to activate its full potential [17].