A Discussion on the Legal Regulation of the Circulation and Use of Public Data in China

Abstract

As a core element of the digital economy, public data possesses public, property, and security attributes. Its circulation and utilization not only concern economic development but also involve national governance and social equity. By analyzing the legal attributes of public data and examining the current status and issues in China’s authorized operation of public data and the opening of government data, this study identifies shortcomings such as unclear ownership, lack of profit distribution mechanisms, prominent security risks, and imperfect legal systems. It proposes that China should establish a legal regulatory framework centered on “ownership confirmation—classification—authorization—distribution—responsibility—security” and build a unified ownership system, a classified and hierarchical management system, a market-oriented authorization and operation mechanism, and a full-chain supervision system. The research concludes that improving the legal regulation of public data circulation and utilization is not only a crucial step in advancing the construction of the data factor market and the implementation of the digital China strategy, but also an inevitable choice to enhance national governance capabilities and the competitiveness of the digital economy.