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Data Rights Law 1.0

The Theoretical Basis

Key Laboratory of Big Data Strategy

Edited By Yuming Lian

Since its emergence, big data has brought us new forms of energy, technology and means of organization which will generate greater values by crossover, integration, openness and sharing of data. Nevertheless, risks caused by open access and the flow of data also bring us enormous challenges to privacy, business secrets and social and national securities. This raises people’s awareness on data sharing, privacy protection and social justice, and becomes a significant governance problem in the world. In order to solve these problems, Data Rights Law 1.0 is innovative in that it proposes a new concept of the «data person». It defines «data rights» as the rights derived from the «data person» and «data rights system» as the order based on «data rights». «Data rights law» is the legal normative formed out of the «data rights system». In this way, the book constructs a legal framework of «data rights-data rights system-data rights law». If data is considered as basic rights, on which new order and laws are to be built, it will bring brand new and profound meaning to future human life.

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A catalogue record for this book is available at the British Library.

Library of Congress Cataloging-in-Publication Data: A CIP catalog record for this book has been applied for at the Library of Congress.

Cover design: Brian Melville.

ISBN 978-1-78997-382-2 (print) • ISBN 978-1-78997-383-9 (ePDF)

ISBN 978-1-78997-384-6 (ePub) • ISBN 978-1-78997-385-3 (mobi)

DOI 10.3726/b15737

Open Access: This work is licensed under a Creative Commons Attribution NonCommercial NoDerivatives 4.0 unported license. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/

© Lian Yuming 2019

Published by Peter Lang Ltd, International Academic Publishers,

52 St Giles, Oxford, OX1 3LU, United Kingdom

oxford@peterlang.com, www.peterlang.com