Research On The Localization Of Data Portability System

Under the background of the development of Internet information technology,personal data protection has gradually attracted the attention of all countries.The EU has created a new data right in the General Data Protection Regulations,namely the data portability right,which aims to promote the opening and circulation of data,protect personal data rights,and promote the circulation value of data to promote the development of the digital industry.Since the birth of data portability,it has attracted the attention of countries and regions around the world.In the 21 st century,the United States,Brazil,Australia,Singapore and other countries have introduced the concept of data portability.In 2021,45 articles of China’s Personal Information Protection Act will formally introduce data portability,but this provision is only declarative.In the embryonic stage of the establishment of data portability,It is of great significance to study the theory and practice of data portability.This paper starts from the connotation of the concept of data portability,returns to the origin of rights,examines the history and content of the right in the EU,and analyzes the legal attributes of data portability.The author believes that data portability should be regarded as a new type of right with the attributes of personality right and property right.According to the extraterritorial legislation,data portability has taken different legislative approaches in the EU and the United States: the EU adopts a unified legislative scheme focusing on personal data protection;The United States has formed a decentralized legislative model relying on industry self-regulation.Before the promulgation of the Personal Information Protection Law,the right of data portability was not completely reflected in China’s practice.Judges’ determination of the ownership of data interests,the implementation of carrying numbers to the Internet,and the attempt to open banks in the financial field implied the shadow of the right of data portability.At the same time,the exploration and attempt at the practical level also provided some ideas and experience for the implementation of the right of data portability in China.Data portability is a double-edged sword.While enjoying the benefits brought by this right,we also have challenges and dilemmas to face,including unclear object of rights,conflicts with intellectual property rights,lack of unified data transmission format,lack of interoperability,which makes it difficult to achieve compatibility.In reality,it will increase privacy and data security risks,hinder competition and innovation,and intensify monopoly.To build China’s data portability right system,it is necessary to start from the following aspects: clarify the scope of data portability rights,limit the subject of obligations,coordinate conflicting rights,build a unified data transmission format,and adopt technical means to prevent data security risks.