Research On The "Right To Data Portability" In EU

With the frequent circulation of data and transactions in the information society,data has gradually developed into a major social basic resource.The European Commission officially launched the reform of the Personal Data Protection Law in 2012.The right to data portability created by it has become one of the focus of the theoretical and practical circles.Based on the traceability the right to data portability in the EU,this paper analyzes the composition the right to data portability in the EU,and examines and evaluates the right to data portability and its impact.On this basis,it studies the enlightenment of the right data portability to China.And provide useful reference for China's data protection legislation.The emphasis on the protection of privacy and the protection of personal data rights in the EU legal system is the deep foundation for the emergence and evolution of “right to data portability” in the EU.The public's demand for enhanced personal data control is the inherent reason for generating the right to data portability.Supporting the flow of personal data and promoting competition among data controllers is the social impetus to promote the establishment of the right to data portability.Due to the complexity of this unprecedented data right,the EU legislature has been revised several times and finally established in Article 20 of the General Data Protection Regulations promulgated in 2016.The composition of right to data portability includes four aspects: subject,object,power and restriction.The right subject of right to data portability is a natural person,the subject of the obligation is a data controller;the object of the right to data portability is the personal data provided by the data subject and related to the data subject,which is covered in the data.The data within the scope of the credit must be provided by the data subject and related to the data subject,and should be formally identifiable;The power of right to data portability includes copy acquisition and data transfer,and the corresponding data controller has the obligation to inform,identify and reply.Right to data portability should not affect the exercise of the right to be forgotten,nor should it affect the rights and freedoms of others.The right to data portability is an extension of privacy.It is a new type of personality right,but it also has the property of property rights.The right to data portability helps to adjust the inequality of the economic status of network users and network companies,but it has conflicts with the value of competition law.The impact of right to data portability on the data subject is undoubtedly greatly facilitated the data subject's control of personal data,but it increases the operating cost and technical and economic burden of the data controller.Combined with the legislative basis of China's personal information protection and the institutional guarantee of the rapid development of data in China's data industry development,China should introduce the right to data portability to a limited extent.The personal information right can be established in the proposed personal information protection law,which stipulates that the right to information portability is the content of its rights,and limits the concept,nature and specific content of the he right to information portability.It is a personal information that conforms to China's national conditions.Reference to the protection of legal models.