Research On Data Portability From The Perspective Of Competition Law

Article 20 of the European Union’s General Data Protection Regulation(GDPR)breaks new ground on the Right to Data Portability,Allow a data subject to obtain a copy of its personal date from a data controller or to request a data controller to transmit its personal data directly to another data controller.In 2021,China adopted and implemented the Personal Information Protection Law of the People’s Republic of China.Article 45 stipulates that individuals have the right to consult and copy their personal information to a personal information processor and transfer their personal information to a designated personal information processor upon request.The personal information processor shall provide a means of transfer.This regulation in essence stipulates the Right to Data Portability of our country.At the beginning,right to data portability focused on the protection and control of personal data,but it enabled data subjects to circulate their personal data among different data controllers,thus weakening user locking effect,breaking market entry barriers and increasing consumer welfare,so as to achieve the effect of competition law regulating data monopoly.At present,dominant operators monopolize data and market,and the traditional anti-monopoly mechanism is insufficient to regulate data monopoly.Therefore,we can realize the effects of competition law such as regulating data monopoly by building a system of the right to data portability.At present,the regulations about the right to data portability in our country are still relatively general and generalized,mostly in principle.As a result,the right to data portability is confronted with many practical problems,such as the "reverse flow" of data to the operators of the dominant platform,the intensified data monopoly,the difficulty of implementation due to the conflict with the privacy rights of the third party,trade secrets and intellectual property rights,and the difficulty of implementation due to the increased security risks of data leakage.Therefore,in the process of legislation,revision and interpretation in the future,we should correctly define the scope of application of the Right to data portability,explore and design the collective implementation mechanism of data portability,and strengthen the security of data,starting from the two aspects of constructing a more perfect implementation mechanism and establishing a more effective supervision and relief mechanism.At the same time,we will explore the construction of a unified supervision mechanism of specialized agencies and a dual relief mechanism of judiciary and administration,and finally promote the practical implementation of data portability,give full play to the benefits of its competition law,promote market competition,and provide institutional guarantee for the healthy,orderly and high-quality development of China’s Internet economy.