The legal risk of "big data" model

After the June Guangzhou Daily sued "Today's headline" and reached a settlement agreement, the news of "Today's headlines" has been spread. June 24 Sohu high-profile indictment "today's headline" Infringement of copyright and http://www.aliyun.com/zixun/aggregation/2559.html "> Unfair competition." At the same time, the National Copyright Administration announced an investigation into "today's headline". At this point, as a gathering of news data and processors of the "Today's headline", The fate of worry! However, this incident to the author's thinking not only that, "Big data" mode of legal risk is more worthy of concern!

Large Data Mode

The so-called "Big data" mode, in fact, is a huge amount of data through the acquisition, analysis, so as to extract valuable regularity information for the Government, enterprises, individuals and other decision-making use. In other words, the "big data" model is essentially "two-time processing" of huge amounts of data. This kind of "two times processing" not only exists in the information space, but also exists in the traditional world.

In the information space, the "Big Data" mode of processing objects is a variety of "electronic data." I think, "Today's headline" is a typical "big data" mode. "Today's headline" Does not produce news data, but rather to capture and analyze the huge amount of news data released by each news media, and then push it to the user based on the importance of the news data and the degree of concern. This is actually the "Big data" model in the news industry application.

There are also "big data" patterns in traditional areas. There has been a discussion with the author of a business case, a retail business circle of community garbage collection and data analysis, and to determine the community residents of consumer demand. This "Big data" business model is undoubtedly successful. However, the author is more concerned about whether the "big data" model violates the privacy rights of community residents.

In fact, recent headlines today have highlighted the legal risks of the "big Data" model.

Legal issues in the "Big Data" model

The primary legal issue of the "Big Data" model is the legal attribute of the data itself. For example, the news data captured by "Today's headlines" may be news that is not protected by copyright, or a written work that enjoys copyright protection. Then how to protect the rights of the copyright or the disseminator of the written works? If "Today's headline" is used for commercial purposes, it may be necessary to obtain the "use license" of the copyright owner or the disseminator holder. The specific method can be "to solicit the consent of the copyright holder or the disseminator" or "to pay the right price of the copyright or the Disseminator". Again, as mentioned in the commercial case, whether the data information of the community garbage belongs to the personal information of the citizen, whether it belongs to the protection category of the privacy right? This is also worth discussing.

The way of large data acquisition is also related to the legality of the "Big Data" model. As far as Internet data is concerned, the main approach is to automatically search for and crawl data using spider programs (also known as "web Crawlers"). This technology has a special protocol, the "Robot Protocol" (also known as the "Reptile Protocol", "Robotic Protocol"). This protocol requires all Web sites to place a "robots.txt" file in the root directory of their site. This file tells the searcher which data on this site can be "crawled". If the site root directory does not have this file, it is considered to be "all password-protected data in this site can be crawled." This means that if someone breaks through the "robots agreement" to crawl the data of the website to assume the legal responsibility of "violate data". Similarly, does discarding community waste mean that citizens give up data about community trash?

Of course, the use of "big data" mode is different, and the requirement of legal regulation is different naturally. When enterprises use "large data" mode for commercial purposes to produce and operate, they shall strictly protect the legitimate interests of the data obligee, and shall not infringe the rights of copyright and privacy right attached to the data. The use of "large data" for non-commercial purposes should be treated differently. For example, the individual or scientific research Department for the study, research for the purpose of the "large data" for the acquisition, analysis, the government or the judiciary to the administrative decision-making or to fight crime for the purpose of the "large data" for the capture, analysis, it is necessary to the data rights to be required. Of course, this restriction is relative, not to say that the relevant departments and personnel can arbitrarily violate the rights and interests of data holders.

In addition, such as the processing of large data, analysis of these "processing behavior" how the qualitative, but also a legal issue worth thinking. In "Today's headlines", "Today's headline" Is Just a collection, analysis and reorganization of the text, which is like the "Assembly" behavior of the text works. In the aforementioned commercial case, the retail enterprise extracts the consumption demand information and the user consumption rule on the basis of the data information of the community rubbish, which is more like "the creation" behavior of "big data".