Research On The Object Scope Of The Right To Portability Of Personal Information In My Country

In recent years,with the ultra-high-speed development of big data technology and AI algorithms,the digital economy has contributed more and more to my country’s overall economy,and its proportion has become higher and higher.my country has also paid more and more attention to the digital economy.There are also vicious market competitions such as data blockade and data monopoly,which are not only detrimental to the healthy development of the national economy,but also to the innovation of the overall digital economy.International,looking for a proper solution.The right to data portability is a right proposed by the European Union in the General Data Protection Regulation,which is a new type of right.The setting of this right enables data subjects to have the right to control personal data,to ensure the normal flow of personal data within the scope covered by EU law,and to promote fair competition among data controllers.Subsequently,this new right has been imitated by many countries and regions around the world and practiced by multinational companies,and has achieved certain results in reality.However,because the development of my country’s digital economy is different from that of foreign countries,and there are problems and contradictions in the right to data portability,Chinese scholars have always had disputes over whether my country should establish the right to data portability.The Protection Law adopted a prudent attitude when stipulating this right,and only stipulated in principle,and did not clearly stipulate the object scope of the right of portability.This legal provision makes the right of portability lack implementation standards in reality,which may lead to the fact that the right only exists in legal provisions and cannot be implemented.How to clarify the object scope of the portability right has become an unavoidable and important issue in reality.This paper aims to study this problem in three parts.The first part,by sorting out the theoretical basis of the right to data portability and its legal attributes,has an overall understanding of the right to data portability,from the three aspects of improving the legal system of personal information protection in my country,ensuring the healthy development of the economy and solving judicial practical problems.Affirm the necessity of establishing the right of portability in my country,sort out the legislative process of the right of portability in my country,analyze the provisions of the law of my country on the right of portability,and under the existing legal system of our country,the scope of the object of the right of portability shall be reviewed.The interpretation will lay the foundation for the comparative analysis and setting suggestions of the object scope of the portability right in the following paragraphs.Second part,learn as much as possible about the judicial and practical experience of portability in overseas countries(regions),analyze how the EU and the United States set the scope of the object of portability,what are the advantages and disadvantages of their settings,and because portability is a new type of Right,its practical experience is far earlier than the legal setting,so the practical experience of South Korea and Chinese Taiwan in data portability is extremely important.By analyzing and dissecting their practical experience,we can understand the division of the object scope of the portability right in practical application,and provide reference opinions for setting up the object scope of the portability right in my country later.The third part,from the perspective of legislative purpose,conflict of interest,etc.,analyzes the consideration factors of the scope of the object of portability,and analyzes the advantages and disadvantages by studying the differences in legal provisions between my country,the European Union and the United States,and referring to the practical experience of South Korea and Chinese Taiwan.This paper puts forward relevant suggestions for the setting of the object scope of the portability right in my country.