Study On Legal System Construction Of Right To Data Portability In China

In 2016,the European Union officially passed the General Data Protection Regulation(hereinafter referred to as GDPR),and creatively proposed the new right system of data portability.The right to carry data means that individuals have the right to request the data controller to transfer a copy of their own information data to a specific storage space or directly transfer the data to a third-party data controller.This right originated from the general personality right theory in Europe.Since then,the European Union has divided the protection of personal information rights from the right to privacy,resulting in the concept of information self-determination.With the change of reality,the protection of the right to self-determination of personal information is further extended to the field of Internet space,and the right to carry data is gradually developed.This system is conducive to realizing citizens’ free mastery and control of personal information,improving the efficiency of data utilization,and lifting the locking effect of the platform.The existing legal framework in China mainly regulates and protects personal information from the negative aspect of preventing personal data information from leaking,but does not give citizens positive rights to realize personal use of data information.In August,2021,China promulgated the Personal Information Protection Law,in which Article 45 contains the relevant elements of the data carrying right system.However,due to the difference between the legislative purpose and the EU GDPR,the real system of data carrying right has not been established.Therefore,it is necessary to build a complete system of data carrying rights in China by comparing and analyzing the relevant systems in the European Union.Because Digital industry in China development and related legislation are quite different from those of the European Union,we should learn from the relevant experience of the European Union and combine the specific national conditions to improve the system of data carrying rights.First of all,the subject of data carrying right is only natural person.This is because the data carrying right system is intended to safeguard the information rights of individuals,so organizations such as legal persons should be excluded.Secondly,the object is extended to personal data that is not completely desensitized,that is,as long as the data is not completely desensitized and loses its identifiability,it should be included in the scope of the object of data carrying right.In addition,the right content of data carrying right should also include the right to delete information,so as to better protect the data information of the data subject from being leaked and abused.Finally,establish corresponding supporting measures to promote the implementation of the data carrying right system.Strengthen the administrative guarantee of the right to carry data,and refine the penalties for data infringement;For the problem that the damage caused by data infringement is difficult to quantify,legislation should be adopted to determine the minimum amount of compensation for data infringement,so as to protect the legitimate rights and interests of data subjects,and civil public interest litigation should be adopted to make up for the limitations of private interest relief.