Research On Data Portability And Chinese Response

In the era of the digital economy,the profit model of the Internet industry has changed,and science and technology such as artificial intelligence have developed rapidly.Data is playing an increasingly important role in consumers’ lives.This has caused countries around the world to pay attention to the right to data portability and have been China is no exception when exploring data portability for competition,consumer welfare,innovation,and efficiency of public institutions.The connotation of data portability is constantly changing over time,and there is no uniform standard definition.Initiatives and regulations on data portability are constantly being formulated.Since the beginning of the twentieth century,various plans have emerged around the world to promote the realization of data portability.After years of development,the General Data Protection Regulation created the right to data portability in the EU through legislation for the first time.Exploring the right basis of the right to data portability,it can be found that the right of information self-determination established by the German census judgment has a profound impact on the EU’s personal control theory and the creation of the right to data portability.Regarding the right to data portability in the EU,we should not only affirm its positive role in strengthening the control of personal data by data subjects and crack down on locking,but also should see that it increases the burden on small and medium-sized enterprises,leads to less privacy and threatens data security.At the same time,it should also be aware of the many difficulties faced by the EU’s right to data portability,including:contradictions and deficiencies in its provisions,pursuit of multiple values such as the free flow of personal data,privacy protection,and promotion of competition,technical difficulties make it difficult to land.Therefore,although China has the need and necessity to introduce data portability,it should selectively learn from the EU’s right to data portability.In addition to the introduction and conclusion,this article consists of five parts.The first part introduces the definition and historical evolution of data portability.It focuses on the "Bill of Rights",industry projects and public policies related to data portability,and explores the connotation and goals of data portability from the analysis of historical evolution.The second part introduces legal documents related to data portability,aiming to sort out the legal documents related to data portability in the United States and the European Union and their latest developments.The third part introduces the right of information self-determination,which is the basis of the right to data portability,and analyzes its far-reaching influence on the EU’s personal control theory.The fourth part introduces the pros and cons of the right to data portability and the difficulties it faces.Its positive side is to strengthen the data subject’s control of personal data and crack down on the lock.Its negative effect is to increase the burden on small and medium-sized enterprises,lead to less privacy,and threaten data security.In addition,the author also specifically analyzed the technical dilemma,value dilemma,and the dilemma of contradictions and deficiencies in the provisions of data portability rights.The fifth part introduces Chinese response to the right to data portability.Starting from the current state of Chinese relevant legislation on data portability,the author analyzes the strong domestic demand for the creation of data portability rights,and demonstrates the necessity of introducing data portability rights.In addition,the author proposes to see the advantages and disadvantages of the EU’s right to data portability,to selectively learn from them,to explore the formulation of data portability rights in line with Chinese national conditions,and to put forward the author’ views on the specific legislative work of Chinese data portability rights.And Reiterated the importance and urgency of increasing technology research and development.