Research On The Right To Data Portability In The Era Of Big Data

The GDPR has established a series of data rights.The right to data portability,as one of them,includes two aspects.It aims to strengthen the control of personal data and promote the flow of data,competition and innovation.As an emerging right,there are contradictions in its own regulations,which will cause many problems after its establishment,such as non-operability,conflicts with privacy,trade secrets and intellectual property rights,and so on.Although China has not established the right to data portability,there are traces of data portability that can be found in both legislative regulations and judicial practice.In order to balance the protection of personal data and promote the development of digital economy,this article advocates that research on EU data portability should be strengthened,learn from foreign legislative and judicial experience,then improve and introduce it into China,and establish the data portability right in the legislation.In this regard,suggestions for improvement were put forward for the establishment of a localized system for the right to data portability:dealing with rights conflicts,the scope of data subjects,technical requirements,and differentiated supervision.This article is divided into six chapters.The first chapter is the introduction,including research background,literature review and significance of research.As one of the important rights in the EU Data Protection Regulation,the right to data portability includes two rights.Foreign scholars have conducted in-depth discussions on the right to data portability from different perspectives such as information self-determination and law application,while domestic scholars have concentrated on introducing the concept,attributes and impact of this right.Research on the right to data portability can provide a legal reference for China,help companies meet compliance requirements and enhance personal data control.The second chapter is the analysis of the right attributes of the right to data portability.First,the right certification was carried out from three perspectives:the basis of legitimacy,the possibility of realization and the balance with other rights.In the possibility of realization,the technical and market obstacles of the right to data portability were first proposed,and the possibility of its solution was demonstrated.Then it analyzes the specific attributes of this right,which has two attributes of property right and personality right.It is a new kind of right.The third chapter is the right structure of the right to data portability.This part includes the subject and object of the right to data portability,main content,and exceptions.The subject of the right to data portability is the data subject.The main content part starts from the text of the legal article and explains the specific meaning of the article,including technical requirements,exercise conditions and the scope of data involved.The fourth chapter is the right boundary of the right to data portability.First,analyze the adverse and beneficial effects of the right,and consider from the perspectives of data subjects,data controllers and market competition.Then proposed to restrict the right to clarify the boundary between rights and obligations.The fifth chapter is the construction of the localization system of the right to data portability.There is a big controversy as to whether our country should introduce this right.The viewpoints of this article are introduced after making appropriate adjustments to make them more suitable for my country’s national conditions.It mainly analyzes the current status and development of data portability in China from the legislative and judicial levels,and then proposes optimization in four aspects:data rights conflict,data subject scope,technical measures,and hierarchical supervision.The last chapter is the concluding part of this article,which summarizes this article.First,justify the right of data portability,then analyze the right structure of data portability in detail and analyze its rights boundary.Finally,in the Chinese context,the establishment of the localized system of the right is proposed.As an emerging right,the right to data portability has been controversial since it takes effct.This right has legitimate interests worth protecting and is necessary for legalization.China should actively accept this right,and adjustments should be made during the introduction process to suit Chinese national conditions.