Research On The Right To Data Portability In China

The digital economy has extremely high economic value,relevant institutional innovation is based on the orderly circulation and utilization of data,and the right to data portability as an important mechanism for data subjects to participate in data dividend sharing has been gradually recognized by foreign legislation.Nowadays,personal data is constantly being processed on a large scale by various data platforms,and the introduction of the right to data portability in Article 45 of China’s Personal Data Protection Law strengthens the control of data subjects over personal data in China,which can effectively alleviate the public’s deep sense of powerlessness when personal data is processed by data platforms.However,China’s data portability right system is not perfect,and there are many problems that need to be solved urgently in practice.The use of big data will inevitably infringe on the relevant rights of data subjects and third parties to a certain extent while facilitating people’s lives,so we can start from specific issues and explore effective methods that can effectively strengthen the implementation of China’s right to data portability through analysis,and effectively strengthen the protection of data subjects’ rights.Through a comparative study of the EU’s GDPR and other foreign legislation,a comprehensive analysis of the provisions on the right to data portability in China’s laws and regulations,and combined with the specific practice of data portability,the main existing problems of China’s right to data portability can be preliminarily analyzed.For the scope of the subject matter of the right to data portability in China,on the basis of analyzing the legal nature,an accurate definition can be made according to the characteristics and sources of the object of the right to data portability.In the process of transferring personal data,data subjects will inevitably conflict with different rights and interests,and data controllers have the obligation to regulate to ensure the normal exercise of rights by data subjects.In order to conform to the concept of ‘the Protection Law’ in the Personal Information Protection Law,the implementation of China’s right to data portability should be implemented in combination with law enforcement and judicial protection,which is also conducive to the state actively implementing the institutional protection strategy to protect citizens’ basic rights.