Research On The Trust System In Personal Data Governance

As a kind of new element in the society,the intrinsic value mining of personal data is in the beginning stage of research,so that some governance difficulties and uncertainties inevitably appear.Under the unequal power relationship between the data subject and the data controller,only relying on the traditional empowerment model seems to be slightly weak in the protection of personal data,and it is difficult to effectively tap the important value brought by data circulation.With regard to data governance risks that have emerged or may occur in the future,researchers are actively exploring whether there is a data innovation governance mechanism worth trying.In this context,a new viewpoint that relies on a trustworthy legal framework which called data trust is gaining attention from all parties.Personal data trust is to use the structured framework of trust to build a trust legal relationship between the data subject and the data controller,so that the data controller can realize trusted data management based on fiduciary obligations.Currently,data trusts actually contain two different manifestations: one is called information fiduciaries,and the other is third-party data trusts.These two models have their own advantages and disadvantages,and both can produce their unique value from different research perspectives.It is the occasion of the construction of China’s data governance system,so it can be tried to explore the Chinese version of data trusts based on foreign experience.The first chapter introduces the practical needs of introducing personal data into trust governance.At the time of personal data governance system construction,although China’s data-related legislation and practical research are getting deeper,overall the current personal data governance is still a rights regulation model with the informed consent rule as the core and the personal control of data subjects as the basis.However,the data subject’s rational person is actually a paradox,and under the premise of information asymmetry between the two parties,it inevitably triggers a digital trust crisis between the data subject and the data controller,leading to the real dilemma of both data circulation and sharing and data subject’s rights protection.The second chapter introduces theoretical options for the introduction of trust governance for personal data.The information fiduciaries theory aims to make data controllers bear a higher standard of fiduciary duty to users and increase the responsibility of digital enterprises,thus improving the imbalanced relationship between data subjects and data controllers.The third-party data trusts,on the other hand,introduces an independent third party as a trustee to achieve trustworthy management,making a balanced relationship between data subjects and traditional data controllers,which is also a new direction of data governance under collective governance.For these two theories,compared to each other,the third-party data trust has more theoretical advantages in terms of governance effectiveness,conflict of interest of trust subjects and data regulation.The third chapter introduces the comparative advantages of personal data trust governance.Since the rights regulation model can hardly solve the current data governance dilemma and may even affect the full utilization of data value,it is necessary to shift the data governance concept from the rights regulation of data subjects to the behavioral regulation of data controllers.Personal data trust governance with third-party data trust as the core is an effective means to balance the right structure between data subjects and data controllers,which can promote data circulation with collective governance and realize data security guarantee with the help of trust system,and provide application space for data value realization.The fourth chapter introduces the localization path of personal data trust governance.For the specific legal application of personal data trust governance,on the basis of determining the subject matter and legal subjects of personal data trust,the informed consent of the principal should be the operational basis,and the fiduciary duty of the trustee should be the core of the trust,so as to promote the credible circulation of data while safeguarding the rights of personal data and realizing the effectiveness of personal data governance.