| The right to data portability is an exploration of data protection and flow in the era of big data,it plays an important role in enhancing the controllability for personal data and strengthening the protection of personal data.The right to data portability grew out of the enactment of the General Data Protection Regulation and was introduced as concept of information portability through the Personal Data Protection Law(2017Draft).Combined with the two-year legal practice in the EU region and the development of the personal information theory about the Civil Code,the Personal information security specification and the Personal Information Protection Law(2020 Draft),the positive function of the right to information portability contributes to the governance of the digital economy.With the demand of individuals for compliance with information processing leading to public supervision and the obligation to digital platforms to platform self-regulation,giving citizens positive right of personal information management,it plays its function in personal information protection and improving the digital market environment.At the theoretical level,analyzing the concept and attributes and value of the right,enhancing its operability in practice,improve the function positioning of the right to information portability and pay continuous attention to its realisation.On the subject side,enhance public information literacy and strengthen the effectiveness of information rights with information privacy design standards.On the object side,the scope of portable information should be reasonably defined,taking into account the development of the digital content industry and the balance of interests in users-digital platforms and digital platforms-competitors.On the scenario side,regulate the scenarios of the realisation in rights and avoid the adverse effects of the exercise of rights from the service and user scenarios. |
