Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition ›› 2021, Vol. 34 ›› Issue (3): 27-31.DOI: 10.13766/j.bhsk.1008-2204.2021.0133

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Legal Relationship between the State and Public Data

HUANG Yinxu   

  1. Law School, Renmin University of China, Beijing 100872, China
  • Received:2021-04-19 Published:2021-06-08

Abstract: Public data consists of data resources generated by and collected by public institutions in the process of performing their duties, and have become a key production factor with the potential of disruptive innovation. As the controller, user and main supervisor of public data, the state has the responsibility to realize the value of public data. To manage and protect public data, the state can naturally extend the responsibility clause of the Constitution of China for the protection of public resources, and can also extend the "management-regulation" power of public resources. Therefore, the state can manage the public data resources under its system internally and exercise its regulatory power externally after the public data resources are open and shared. By regulating public data, the state can enable people to participate in the management of public data, and form a mode of public data for collaboration and broader participation, with the goal of benefiting all.

Key words: data law, data production factors, platform welfarism, public data, state ownership

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