Research On The Right To Data Portability

The General Data Protection Regulation,which was formally adopted by the European Union in 2016,has pushed personal data protection to a peak,creating the right to carry data that has become one of the focus of attention.Through the study of the legislative evolution and theoretical basis of EU data portability,this paper analyzes the legal structure of the right of EU data portability,and analyzes the reference of this right to China’s personal information protection legislation,on the basis of discussing the necessity and feasibility of introducing EU data portability right.This is the proposal of the legislation of localization of data carrying right in our country.The right to carry data has been carefully considered and chosen several times by the EU legislature from its infancy to the establishment of its content,which is finally reflected in the GDPR in the terms of independence.This creative data right is the follow-up and development of the theory of information self-determination in the EU legal system,which belongs to a new type of personality right,but at the same time has both the attribute of freedom right and the property right.The interpretation of the right structure of data portability is a necessary step in understanding the new data right of data portability."Data Subject" and "Data Controller" correspond to the right subject and obligation subject of the data portability respectively,while the "personal data" provided by the Data Subject is the object of the data portability right,and the content of the data portable right is the right to obtain copy and the right to transfer data,both of which have corresponding restrictions.The applicable conditions for data portability are subject to the requirements of the law,"based on consent or contract," "automated processing," and "personal data provided and related to the data subject."Based on the possible obstacles to the introduction of data portability,this paper analyzes the reference of data carrying rights to China’s personal information protection legislation and demonstrates the necessity and feasibility of introducing data portability in China.The localization of data portability should also give full consideration to the basis and current situation of China’s legislation while drawing on the PROVISIONs of the EU GDPR.The right of information portability can be regarded as an information right in china’s future personal information protection legislation,and it provides and explains the nature of the right to carry information,the concept and the specific content of the right.