Research On The "Right To Data Portability" And Its Referential Significance In EU

In order to strengthen the control of data subjects over personal data,avoid data locking,based on the EU’s high regard for personal data and privacy as objects of fundamental human rights,the EU has added data portability rights under article 20 of the General data protection regulation.The right constitution of data portability includes four aspects: subject,object,content and boundary.Among them,the right subject of data portability refers to the natural person,and the subject of obligation refers to the data controller;the object index of data portability is the personal data provided by the subject to the data controller;there are two contents of data portability right,that is,to enhance the data subject’s control over personal data and to enhance the data flow;the boundary of the exercise of data portability right is mainly reflected in the processing of data and the fact that the exercise of data portability right cannot negatively affect the rights or freedoms of others.As a controversial provision,the system of data portability has gone through a long and strict process from being proposed to being established.In the medical field,citizens have the realistic need to enhance the control over personal health and medical data,the flow of health and medical data also needs to be strengthened,and the application of data portability also contributes to the improvement of medical level and efficiency.Therefore,it is necessary to have the right of data portability in the medical field.At the same time,the medical field conforms to the conditions for the exercise of data portability right,and the medical field does not support the exercise of the right to be forgotten,that is,there is no application conflict with the right to be forgotten,and the application of data portability right can also reduce the risk of health and medical data leakage.Therefore,the medical field has the feasibility of applicable data portability.Combining with the legal status of personal information protection and the status of health and medical information protection in the medical field,data portability right can be introduced into China.China’s personal information legislation is still in preparation,which can establish the provisions of information portability right in the law,and define the concept,nature and specific content of personal information portability right.Specific in medical field,our citizens also need to strengthen the control of personal health information,at the same time it is necessary to strengthen the administrative department for supervision of personal health information,to createthe cloud platform,set up a personal health information transfer in order to encourage personal health information to better protection and utilization,strengthen the patients with the control of personal health information.