关键词: 数字经济, 数据治理, 个人数据保护, 数据确权, 政府治理, 演化博弈

Abstract: The digital economy has profoundly transformed the ways in which humans work and live, with data serving as a foundational, critical and decisive production factor for its development. The conflict between personal data protection and commercial utilization presents a significant challenge in the evolution of the digital economy. Therefore, exploring the roles of data ownership and government governance in personal data protection is of great importance. However, existing research has largely focused on issues such as privacy protection, data authorization, and government governance in personal data protection, with less attention paid to the dynamic impacts of data ownership and various governance approaches on the behaviors of multiple stakeholders. To address this gap, this paper concentrates on the information security issues during the commercialization phase of personal data. It constructs an evolutionary game model involving both enterprises and users to investigate the effects of judicial protection and administrative regulation on the behaviors of enterprises and users under conditions of data ownership, revealing the mechanisms of interest interaction between individuals and enterprises.
The results indicate that under certain conditions, three stable equilibrium strategy combinations can be achieved: stable strategy combination E₁ (0,0), which corresponds to {non-compliant use, no rights protection}; stable strategy combination E₃ (0,1), which corresponds to {non-compliant use, rights protection}; and stable strategy combination E₄ (1,1), which corresponds to {compliant use, rights protection}. Among these, the ideal stable equilibrium strategy is for enterprises to choose compliant use of personal data while individuals opt for rights protection. An increase in the degree of data ownership has a significantly stronger impact on individuals' willingness to pursue rights protection than on enterprises' willingness to engage in compliant use. When enterprises engage in non-compliant use of personal data, the potential for judicial compensation to users significantly constrains such a non-compliant behavior. Conversely, excessively high litigation costs for users can diminish their willingness to pursue rights protection. As the strength of judicial protection increases, both enterprises' willingness to comply with personal data usage and individuals' willingness to protect their rights strengthen. Mechanisms such as data ownership and strict enforcement can effectively promote the coordinated development of personal data protection and commercial utilization. The higher the intensity of administrative penalties and regulatory oversight imposed by the government on a non-compliant enterprise behavior, the stronger the constraints on enterprise behavior strategies.
An administrative regulation can effectively oversee and manage the commercialization of personal data at various stages, including prevention, supervision, and post-event handling, demonstrating high effectiveness and convenience. The government can enhance individuals' awareness of rights protection through regulatory case studies and promotional activities, thereby increasing their willingness to protect their rights. Therefore, advancing personal data protection necessitates the fulfillment of governance responsibilities by government departments. This includes improving judicial remedy mechanisms, establishing data ownership systems, enforcing strict judicial practices, enhancing administrative oversight, creating unified independent regulatory bodies, refining review processes, and imposing strict penalties. Additionally, it is essential to engage individuals actively, promote data security knowledge, and optimize the judicial remedy environment to reduce the costs of rights protection, thereby safeguarding personal data through a multifaceted approach.

Key words: digital economy, data governance, personal data protection, data confirmation, governance, evolutionary game