Research On Right To Data Portability

Since the rapid development of information technology in the 1960s,tens of thousands of data have remained on the Internet and become indispensable resources and production factors in the information age.Digital technology has also become an important thrust of the growth of the digital economy,and the information connection of human society reached an unprecedented level.In 2016,EU promulgated General Data Protection Regulations,which first created a new right named Right to Data Portability.The new right aims at strengthening the protection and free flow of personal data,thereby contributing to the development of the European Union's digital economy.After this right was proposed,it has received extensive attention from all countries in the world,and China is no exception.To this end,this article systematically introduces and analyzes the right from its establishment,legal structure and data portability legislation in order to provide a reference for China's data industry development research and legislative practice.The full text is divided into three parts:The first part is the establishment of Right to Data Portability.This right is based on the theory of self-determination of information.Its embryonic form first appeared in 2002.After more than ten years of development and evolution,it finally became a fixed right in EU legislation.The creation of data portability has its inevitability.It is rooted in the privacy protection culture accumulated in Europe over the years,developed in the context of technological progress and economic development,and finally thrived on the current EU digital single market strategy and the need for external competition.The series of data rights,including data portability,proposed by the EU due to the situation is the sum of the development of EU data legislation.The above rights are not only a response to history and reality,but also based on the purpose of building a bridge for the development of the EU's digital economy,so as to promote the continuous development of the EU's digital economy.Therefore,the emergence of this right has actually fulfilled the legislative objectives of both data protection and data flow promotion.The second part is the legal structure of data portability.This article starts with the theoretical basis of data portability,then introduces and analyzes the subject,object,main content,and rights restrictions of data portability,and analyzes the content of data portability rights in detail.In a nutshell,data portability is based on the theory of self-determination of information and the core of the data subject.At the time when the current data economy is in the ascendant,legislation is conducted along the dual path of data economic development and personal information protection.Since the data portability was proposed,its attribute has caused academic controversy.This article believes that the data portability has both personality right and property right attributes,with distinctive characteristics.The third part is the legislative choice of data portability.This article starts with the current status and problems of China's current data protection and data flow legislation,and analyzes in detail the significance of data portability to China.In general,this article believes that data portability is an emerging right in EU legislation.Its legislative purpose is to focus on the protection of personal information and promote the free flow of data,which not only strengthens the protection of basic rights of citizens,but also protects the data economy.At present,China's personal data protection legislation is still insufficient,and the promotion of data flow in the context of the digital economy is also lacking in legislative protection and guidance.Therefore,the data portability has considerable reference significance for China.Based on this,this article believes that for the right of data portability,it should choose its gist for reference and learning,strengthen the legal protection of data and clarify the data classification standards in combination with the social reality of China,thus building a personal data protection and data circulation system that meets China's own requirements.