The Institutional Framework Of Data Portability And China's Path

In today's society where information has gradually become an important social resource,developing and using data has become an important social activity.With the rapid development of information industry,the personal data protection law,a new legal department,has gradually appeared in people's vision,and has spread widely in the world.The EU legal system attaches great importance to the protection of personal data rights,which makes it the first to make corresponding provisions on personal data protection in law.In the 1970 s,with the rapid development of automatic data processing,some countries and regions began to consider the relevant legal provisions of privacy creation.The data protection directive issued by EU in 1995 is used to promote the cross-border flow of data between countries on the premise of protecting personal privacy.Although it has not been widely recognized by all countries,the experience of the directive accumulated in the judicial practice for more than 20 years cannot be underestimated.With the development of information technology and the increasing requirements of personal information protection,it has become a social consensus to modify the existing legal provisions in time to protect the increasingly serious information infringement.The phenomenon of information infringement is mainly reflected in the fact that China and even the world are facing the risk of data leakage and data abuse while enjoying the convenience brought by the Internet.Therefore,it has become a general trend to enhance users' control over their personal data and to issue the exclusive personal information protection law as soon as possible.Although China's Internet industry has made many proud achievements,there is still a lack of legislation to protect personal data.In other countries,the personal information legislation system is relatively perfect.The European Commission officially launched the reform of the personal data protection law in 2012 and promulgated the general data protection regulations in 2016.In addition to the newly added forgotten right in legislation,the created data portability right also attracts many scholars' attention.Article 20 of the general data protection regulations carries the discussion results of the four-year legislative agenda,and its nature and constituent elements have been modified several times.Finally,the data portability right can be summarized into two parts: the right to obtain copies and the right to transfer data.The 20 articles also stipulate the scope of application of the data portability right and its rules and restrictions.The original intention of the legislation of data portability is to strengthen the protection ability of personal data rights and promote the competitiveness among industries.However,the development of big data economy is different.If we want to successfully introduce EU data protection laws into China,we need to not only select the appropriate part based on China's national conditions,but also build a path of mitigation,that is,first adopt the right to receive data,effectively strengthen the control of data subjects over their personal information,and wait for the conditions to be mature,and then chase the right to transfer data Step by step.