In the era of digital economy, data has the dual attributes of basic strategic resources and key production factors. On the one hand, valuable data resources are the foundation for the birth and promotion of new industries, new business forms and new models of the digital economy. The efficient utilization of data resources based on data mining, desensitization and analysis will greatly promote innovation and accelerate industrial upgrading. On the other hand, data also has a multiplier effect on other production factors. Data can be used to realize the precise connection between supply and demand, innovate the circulation mode of value chain, and enlarge the value of labor force, capital and other factors in various industries of society. Making good use of data production factors and promoting the marketization of data factors will help promote the deep integration of digital economy and real economy, provide new impetus for economic transformation and development, and achieve high-quality development. Therefore, making good use of data elements is an important way to drive the innovative development of digital economy.

Data elements are very important, we must pay attention to the development of data elements market, more reasonable mining of data resources, improve the efficiency of data use. However, we should also see that the market development of data elements in China is still facing many problems and challenges. First of all, the asset status of data has not been established in the legal level. Data has no legal asset identity, which restricts the development of the data element market. The asset value of the data is not reflected in the accounting statements because it cannot be regarded as a legal asset. Since there are no laws and regulations related to data ownership in China, there are great disputes about how to determine data ownership in reality. Since there are many subjects involved in data resources and complex rights relations, it is difficult to effectively solve the complex data ownership problem under the existing framework. Second, there is the monopoly of data resources. In reality, data quality is often uneven, standardized data collection is difficult and costly, and the existing barriers in data market lead to the monopoly of data market, which is not conducive to data sharing. Finally, the contradiction between data flow transaction and privacy protection is increasingly prominent, and security problems involving data storage management risk, information leakage risk and so on frequently break out.

In the inevitable trend of economic digitization and data economization, it is necessary to accelerate the reform of market allocation of data elements to promote the development of digital economy and give full play to the multiplier effect of data elements on the efficiency of other factors.

Accelerate data legislation to create a good environment. To establish the legal positioning of data as factors of production and means of production in the legal situation, to create a good environment for the production, circulation, sharing and use of data, which is the premise of realizing the market allocation of data elements. Through data legislation, the subject qualification of data ownership shall be clarified, the authority of data collection, use and management shall be clearly defined, and the legal ways for various operators to collect data shall be clarified, so as to balance data utilization and data protection. The scope, standards, conditions, methods and responsibilities of data opening and sharing should be clarified by formulating a legal system for data opening and sharing at the national level. In the Anti-Unfair Competition Law and other laws and regulations, the circulation rules of commercial data should be clarified, and the improper acquisition and use of data that damage the commercial interests of enterprises, information network security, user privacy and social and public interests should be regulated, so as to maintain the normal market order of data circulation. Establish and improve systems for personal information protection, cross-border data flow, critical information infrastructure protection and data security protection, and realize an effective combination of security protection and early warning, security monitoring and analysis, incident response and disposal through real-time monitoring of data platform infrastructure layer, data layer and application layer. Legislation related to data crimes should be improved, criminal responsibility for data theft, abuse and misuse should be clarified, and punishment for acts endangering data security should be strengthened.

Unify standards and platforms to promote data sharing. It is the key to realize data sharing and establish a unified standard system. Therefore, it is necessary to strengthen the top-level design of data standardization, gradually unify the data standard system of digital infrastructure, underlying technology, platform tools, industrial application, management and security, unify the standard resources of different departments and different fields, and establish and constantly improve the cross-department and cross-industry data standard system. Strengthen the collection and aggregation of data resources, promote the interaction of data transmission, promote the unified data exchange architecture at all levels, and formulate data interface standards for key equipment. We will accelerate the construction of a unified open platform for government data, and establish basic principles and framework rules for government data opening, including clarifying the scope, procedures and standards of data opening. Promote high-quality data aggregation, build a national data collection and labeling platform and data resource platform, realize the fusion and storage of multi-source and heterogeneous data, improve the interoperability of infrastructure, and enhance the efficiency and quality of data collection.

Exploring rights confirmation and pricing systems to facilitate data trading. The government should organize enterprises, scientific research institutions and industry organizations to jointly carry out theoretical research on data right confirmation and value quantitative evaluation, and establish a general right confirmation system and data asset value evaluation model. We will speed up the establishment of a mechanism for determining data rights, establish a basic framework for determining data rights, clarify the types of data rights, and determine the subjects of data rights. Establish the data pricing rules, research and develop the value evaluation model of data assets, explore and establish the data resource circulation pricing mechanism which combines cost pricing and income pricing, one-time pricing and long-term pricing. Establish a data element flow platform for the whole process, including data transaction matchmaking, transaction supervision, asset pricing and dispute arbitration, create a market environment conducive to data element flow, simplify the data market access mechanism and filing system, and lower the entry threshold for entrepreneurial enterprises in the data field.

Strengthen collaborative governance to ensure data security. The core of data protection does not lie in the "data" itself, but in how to regulate the collection, use, processing, transmission and other behaviors of the data controllers of citizens or enterprises. Improve the criteria for classification and governance of data resources, establish a security protection mechanism covering the whole life cycle of data, combine different types of data attributes and security protection requirements, and clarify the legal responsibilities of data security subjects such as data resource providers, users and regulators. Strengthen data security technology, around the full life cycle of data security protection requirements, accelerate data security monitoring, encrypted transmission, access control, data desensitization and other security technologies. Establish a collaborative governance model to meet the requirements of the big data era, strengthen the top-level design of data security governance, establish data security protection capability standards, and realize the overall control of data security risks; Strengthen law enforcement on data security, promote the establishment of international cooperation mechanism on data security governance, and severely punish illegal and criminal acts in key areas of data. Based on the coordinated development of data security and data application, industry organizations should establish industry self-discipline norms and constantly optimize the industry safety standard system of data. To carry out the industry data security governance level assessment, regularly to the society to announce the enterprise to protect personal data security measures and results.

Source: State-owned Assets Supervision and Administration Commission of the State Council