Research On The Right To Data Portability In The General Data Protection Regulations

The right to data portability is the representative right to strengthen the individual’s control over their own data.The provisions of the right to data portability on its subject,object,and remedy mechanism are unique in the global personal data protection legislation,with scientific and rational connotation.For China,we should not only blindly introduce advanced concepts,but also conduct systematic research on the EU’s personal data portability.The localization scheme of data portability in line with the level of personal information protection and the development status of digital economy in China should be proposed according to the national conditions of China,especially the new requirements of personal information protection and the new problems arising from the development of platform economy.The first part does the research on the theoretical origin,the right attribute dispute and the development of the process of the the right to data portability.Firstly,the theory of information self-determination which is the theoretical basis of the right to data portability is analyzed.Secondly,it discusses whether the the right to data portability can be defined as a fundamental right and whether the the right to data portability is a personality right or a property right.Finally,it compares the concept of data portability of the United States and the the right to data portability of the European Union,and analyzes the different concepts and practices of data portability among different countries and regions.The second part mainly focuses on the power content of the right to data portability.Combined with a number of legal texts issued by the European Union,such as General Data Protection Regulations,Guidelines on the right to data portability and other laws and relevant explanation files,it makes a detailed introduction and analysis of the right components of the right to data portability,specific powers,rights conflict and resolution,rights exercise and rights relief mechanism,etc.The third part analyzes and demonstrates the existing and potential impacts of the right to data portability based on the practical problems encountered in the EU practice.The right to data portability in the EU is based on the consideration that it does not conflict with other rights.The scope of application of rights is small and the technical requirements are high,which leads to greater regulatory pressure and burden on enterprises.At the same time,combined with the "sufficient determination" principle of the Regulations,the right to data portability greatly increases the difficulty for foreign enterprises to enter the EU or conduct data transactions with the EU,forming a digital trade barrier.The fourth part mainly discusses the enlightenment of the right to data portability to our country.Firstly,it introduces and analyzes the current situation of personal information legal protection in China.Secondly,it compares and analyzes the different backgrounds of legal culture and digital economy development between China and EU,and demonstrates the feasibility of introducing the right to data portability in combination with the domestic and international problems faced by China’s data industry.Finally,some legal suggestions are put forward for the localization construction of the right to data portability based on the above analysis.