| Data portability is the product of the development of information technology,especially the rise of social networks,and the embodiment of citizens’ right of information self-determination.Data portability has a profound impact on promoting data flow,breaking data monopoly and protecting market competition environment.But at present,the research on this new right is not universal.The ownership classification of the data right is not clear,and there are many obstacles in the process of exercise,which also makes the right have many problems in practice.In this paper,through the legislative evolution process and theoretical basis of the right,the relevant issues of the right of portability are introduced,the ownership of the right is classified and defined,and the necessity and feasibility of introducing the right of portability into China are discussed.This paper analyzes the main contents of right of portability,including subjects,objects and two kinds of powers.Then it summarizes the three elements of the exercise of rights and the possible problems in the process of the exercise of rights.At last,aiming at the design of the legislative system of the introduction of portability into China,based on China’s national conditions,this paper empowers the portability through the legislative way of the personal data protection law,and makes up the legislative gap through the relevant provisions of the anti-monopoly law.In the aspect of right restriction,this paper puts forward some innovative ideas,such as limiting the scope of the subject of obligation,clarifying the intellectual property restriction of right,etc.And in the aspect of supervision and relief mechanism,some suggestions are put forward to play a role in the legislative practice of data portability in China in the future. |
