The Perfection Of Personal Data Portability

In the era of big data,data power imbalance is widespread.Data controllers use the collected personal information to trade and make profits.Personal information is locked in the information controller,and individuals’ demands for personal information cannot be met.In order to break data locking,personal data portability was first established in the EU’s General Data Protection Regulation,and has been adopted by other countries for reference.China’s Regulations on Network Data Security Management(Draft)and Standards for Information Security Technology Personal Information Security(GB/T 35273-2020)have related provisions on personal data portability,but the effectiveness level is not high.The Personal Information Protection Law,which took effect on November 1,2021,stipulates the portability of personal information.Therefore,the rudiment of personal data portability right(also called personal information portability right)system is constructed in our country.Add up the introduction and summary,this thesis includes six parts.The body of the thesis has four parts.The first chapter focuses on the basic content of personal data accessibility.Including the concept of right,right structure,right legitimacy and right attribute.Personal data portability means that an individual has the right to obtain personal relevant personal data such as personal data provided by the data controller and request the data controller to transmit it to another data controller in a specific format.Based on the right of self-determination of personal information,it is conducive to promoting data competition and maintaining substantive fairness.The power of personal data is both personality and property,and should be given to natural persons as new rights.The second chapter mainly focuses on the status of personal data protection.By comparing with the legislative and judicial situation of the European Union and the United States,it is found that the personal data is not formulated as an independent and complete right in the personal information legislation in China,and the corresponding restrictive conditions and relief mechanism are missing.The conflicts about personal information between enterprises are mostly regulated by the Anti-Unfair Competition Law,and the specific time limit of exercise mode is not stipulated in the right of personal information replication.The third chapter mainly analyzes the lack of portability of personal data.The Personal Information Protection Law lacks the goal of personal information flow,and the empowerment of data portability is not determined,which affects the empowerment of the right subject.The imbalance between data protection and utilization in the portability of personal data may cause conflicts of interest between different data subjects.In addition,the specific structure of rights is unclear.For example,the subject of the right may not personally exercise the data right,and the principal needs to exercise it on his behalf.The data controller lacks the motivation to exercise the rights.In addition,the current personal information classification focuses on the protection of personal privacy information,and the concept of personal information is still static.Chapter four proposes solutions for the improvement of personal data accessibility.Under the principle of data protection and rational use and distribution justice,the purpose of data flow is added.The specific regulations are as follows: First,the personal information right is clearly defined as a new data right in the legislation.Secondly,clarify the concept of personal data portable,and add the right to obtain the copy of personal data.Learn on Indian data entrustment system and set up personal data agent in China.By dividing the obligations of the data controllers according to the size of the personal data controllers,and encouraging the exercise of the personal data portable rights with compensation under certain conditions.Finally,the data classification should be improved to attribute the personal Internet access records and communication records in the observed data to the information provided by individuals,so as to be included in the scope of personal data portability.Formulate technical standards with interoperability,and construct the portable right of personal data in China on the basis of not infringing on intellectual property rights and the legal rights of others,in order to promote its smooth exercise in China.