Research On The Right To Data Portability Of EU General Data Protection Regulation

Data is the key production factor of digital economy,and the rules of data protection and utilization constitute the underlying architecture of digital economy.The introduction of the EU's General data Protection regulations is inextricably linked to its ambition to revive the digital economy and promote the EU's digital integration market.Data portability is a new right created for the first time in the EU personal data protection rights system.it is of great significance to break the user locking effect,enhance personal data control and promote market competition.The data portability right based on the theory of personal information self-determination includes the copy access right and the data transfer right of the data subject,that is,the data subject has the right to obtain a corresponding copy of the personal data it is collected and processed,Where technically feasible,the controller may be directly required to transmit these personal data to another controller.The creation and application of this right will have a great impact on big data's utilization,personal privacy and commercial competition,but because the theoretical argumentation and research on this new right is not common all over the world,In order to explore the essence of this right,this paper will systematically introduce and analyze the right from four parts: the proposal of data portability,the content of data portability,the limitation of data portability,the influence of data portability and its enlightenment.The first part is the proposal of data portability.The legislative background and theoretical basis of "data portability" will be introduced.Data portability is the first innovative introduction of data protection rights in the General data Protection regulations,article 20 of which is aimed at revitalizing the disadvantage of the European Internet and building a digital single market in Europe.Data portability strengthens individual control over data and stimulates market dynamism.The theoretical basis of data portability comes from the right to self-determination of information in German law.Natural persons have the right to decide to whom,to what extent and how to use their personal data.That is,the individual subject has the right to control,publish and apply personal data.The second part is the legal structure of data portability.The right subject of data portability is limited to natural persons,including almost all individuals who disseminate and store data through the Internet or other forms,and the subject of obligation refers to the data controller.The object of data portability refers to the personal data provided by the data subject,including the data provided by the data subject and the observation data generated by the data subject using online services or equipment.The content of data portability includes two powers: copy access right and data transfer right.The third part is the limitation of data portability.Data portability will cause conflicts of interest between data controllers,and make data transmission more complex by setting up technical barriers.At the same time,when the data subject transmits the data related to the third party subject,it is bound to violate the privacy of the third party data subject and the right to control the data.The public interest is involved in the exercise of power by the subject of data portability,and this right will no longer apply.The fourth part is the influence of data portability and its enlightenment.Data portability can reduce the blocking of data and allow the free flow of data,which is conducive to the formation of a good competitive market environment and reduce the monopoly structure of the market.However,the provisions of data portability expand the scope of application of the rights,but also unduly increase the obligations of data controllers.The further use or authorization of the data subject may violate the intellectual property rights of the controller.the data portability right does not meet the fair competition stipulated in the competition law.at the same time,it also faces great risks in terms of right attributes and data security.The introduction of the system in the European Union is more of an industrial consideration.EU authorities hope to strengthen privacy protection by building new data protection rules,such as the introduction of amnesia rights and data portability rights,in order to limit the development of US companies in the EU region.The digital economy of our country has become a new economic growth point that the country strives to create.if we blindly introduce this right,which has problems at both the theoretical and practical levels,it will increase the operating costs of enterprises because of too heavy legal obligations.And then hinder the rapid development of the whole industry.