Abstract:

From the necessity of establishing the data protection clause,a conclusion that the Article 124 of General Principles of Civil Law (Draft for Second Reading) is reasonable was obtained.On one hand,from systems perspective,since the data that accords with the characteristics of intellectual property has been covered by intellectual property law,therefore there is no need to create a new subject matter of intellectual property for data; on the other hand,with the development of big data industry,legal protection for data both is of significance and based on industry development.When designing legal framework for data protection,the legislator should take big data industry development,the coordination with existing legal systems,effects of law implementation and other relevant factors into account.

Key words: data protection, intellectual property, coordination