关键词: 公共数据, 数据权属, 国家所有制, 数据确权, 公共数据权属

Abstract: Public data, referring to various data collected or generated by the state and its representative organizations in the process of fulfilling public management duties and providing public services in accordance with the law, has clear ownership as the basis for its regulation. Analogous to natural resources, public data shares similarities in terms of relevance to public interests, high utilitarian value, and risks associated with improper use, suggesting the applicability of state ownership under the framework of the constitution. In practice, state ownership proves to be a relatively sound solution and can effectively promote the benign development of public data under multiple factors. Regarding legislation, there have been certain local practices, but the future direction should entail centralized legislation by the central government, focusing on refining the structural allocation of data property rights under the premise of state ownership. Additionally, it is feasible to establish a system that includes hierarchical classification and secure protection of public data, a foundational system for rights confirmation, and a utilization system emphasizing sharing, openness, and authorized operation. Research on state ownership of public data elucidates the legal framework for establishing ownership rights, offering a potential approach and proposing specific and feasible institutional ideas based on this foundation.

Key words: public data, data ownership and rights, state ownership, data confirmation, public data ownership