Author Information

Ruan Shenyu，Assistant Professor, Renmin University of China Law School; Research Fellow, Renmin University of Future Rule of Law Institute; Doctor of Juridical Science (J.S.D.)

Abstract

The Theory of Data Possession regards data holding as the possession of tangible objects, aiming to resolve disputes arising from data utilization by directly applying or analogizing the possession system, thereby providing comprehensive legal protection for data without creating new types of rights. However, the protection of possession, the presumption of rights in possession, acquisition in good faith, and multi-layered possession relationships cannot be accurately applied to data scenarios. The Theory of Data Possession overlooks the hidden premise that the possession system can only protect rivalrous interests. Data embodies both rivalrous and non-rivalrous interests, with the latter being unaddressed by the possession system. The legal construction of data holding should adopt a dual structure: on one hand, the rivalrous interests of data can be regulated by analogizing the possession system; on the other hand, the non-rivalrous interests of data should be addressed through the establishment of a legal framework centered on data access rights.

Keywords:Data Rights Confirmation; Data Holding; Possession; Data Access Rights