A Comparative Study of Static Law and Dynamic Law in the Context of Big Data

In this paper, through an in-depth comparative study of static law and dynamic law in the context of big data, we analyse the personality rights, property rights, intellectual property rights, and data rights attributes of big data rights and interests respectively, and study the content of big data rights from four stages: original data owner's rights, big data collector and miner's rights, big data processor and analyser's rights and big data applicator's rights, and analyse the attribution of big data rights in each stage separately. It is believed that the rights can be attributed to the owner of the data and the collector of big data, and the rights can be confirmed by contract law and autonomy in the processing and analysis stage, and the principle of sharing the results of big data application is adopted. In practice, big data frequently becomes the infringement object of personal information rights, copyright, and enterprise trade secrets. This chapter analyses the attribution principles, constitutive elements, and behavioural manifestations of personal information rights, copyright, and trade secret infringement types, and evaluates the advantages and disadvantages of different empowerment models to protect the rights and interests of big data.