The Empowerment Effects, Existing Problems and Corresponding Countermeasures of the Trusted Data Space for the Implementation of the "Three-right Separation" Data Property Rights System

Trusted Data Space (TDS) serves as a critical policy and technical infrastructure design for the implementation of China's "Three-right Separation" data property rights system and the trusted circulation and transaction of data resources, and is directly related to (key) data infrastructure. Rule, technology and data resources constitute the fundamental components of TDS. Adopting the "point-line-plane" logical framework, the TDS empowers the implementation of the data property rights system through distinct pathways at the levels of data holding right, data usage right, data operation right, and data circulation and transaction. Meanwhile, TDS also gives rise to new challenges. First, regarding the continuous guarantee of data security, we should construct corresponding laws and regulations, technical standards and compliance verification systems based on the legal interest perspective of data security, clarify the criteria for responsibility allocation among subjects, and severely crack down on malicious attacks against TDS. Second, to address the potential indirect problem of data resources monopoly, we should promote inclusive market access rules, clarify industry monopoly standards, and establish a fair competition review system. Third, concerning the design of the circulation and transaction system within TDS, we should implement government official pricing, and clarify the full-process regulatory responsibilities and burden of proof of TDS operators. Against the background of policy-driven development and the release of data resource value, the empowerment process of TDS deserves more attention.