On The Dilemma And Outlet Of Data Trust Reconstruction

Around the difficulty of dividing data ownership,the essence of the imbalance of interest coordination in data rights and interests protection and the tense competition between the right to freedom of information and data property rights is that a benign trust relationship can not be formed between data controllers and data subjects.The existing legislative practice mostly solves this problem from the perspective of individual empowerment and government supervision,but individual empowerment can not be exercised effectively,and the supervision cost of government direct intervention is too high and inefficient.In the Internet era,data relations mostly occur in the new social organization relations mediated by the platform,which makes the traditional trust elements unable to establish a solid trust relationship in the platform organization.The establishment of a flexible trust framework with data trust as the framework and fiduciary obligations as the content is the key to solve the current trust deficit and the best choice for transitional data problems.The construction mode of data trust needs to distinguish different scenarios.Therefore,the data trust mode with Chinese characteristics should start from the perspective of "scenario" and design a "unitary and multi-level" rule system.