Table 6 Comparative evaluation of the “five rights separation” framework and the data rights confirmation framework of the three major economies.
From: A “five rights separation” framework for data rights confirmation in data element circulation
Dimension/Score | EU Framework | US Framework | CN Framework | This Paper Framework |
|---|---|---|---|---|
Completeness | Legislative focus is shifting towards the security of data circulation for non-personal data, but excessive protection of personal data hinders data flow. | The two-tiered federal and state decentralized legislation lacks systematicity and foresight, and there is a lack of motivation to promote the enactment of specific regulations around data elements. | Divided into data rights subjects, attributes, and objects. Starting with public data as an entry point, it gradually develops into the field of personal data protection, while corporate data elements lack clear protection and regulation. | Consider data rights confirmation as a comprehensive framework, including three types of data subjects: individuals, enterprises, and the nation. Divide the powers into five according to the intertwined rights nature in the full process of data element circulation. |
3.3 | 1.3 | 1.7 | 3.7 | |
Circulation Relevance | Covers all circulation processes, but the description of non-personal data circulation is rather obscure. | Covers all circulation processes, but the strength and scope of protection are inconsistent. | Covers all circulation processes, without deeply adapting the data characteristics of the data subjects to the lifecycle attributes of the data element circulation stages. | Covers all circulation processes, clearly defining the scope of rights for data subjects in different processes. |
3 | 1.7 | 1.3 | 4 | |
Applicability | The data rights framework is relatively complete, with direct regulations as a basis in judicial cases; however, when it involves non-personal data protection, higher demands are placed on legislation. | Federal and state laws exhibit noticeable bias. The federal level favors corporate data; state level is more targeted towards personal data. | Some data rights-related disputes lack direct legal regulations, necessitating the search for related laws in other fields as a legal basis. | The data rights framework is complete. It clearly defines the scope of rights and responsibilities of each data subject in every circulation process and also considers the collaborative and competitive relationships between different subjects. |
3.3 | 1.7 | 1.3 | 3.7 | |
Total Score | 9.6 | 4.7 | 4.3 | 11.4 |
