On Legal Issues Of Personal Data Trust

With the update and iteration of Internet technology and information collection technology,the collection and use of personal data directly or indirectly create huge wealth.Personal data become an important resource for the development and utilization of industries.The enormous business value also led to a degree of data misuse.In recent years,China’s legislative system for personal data protection has gradually improved,but there are still many difficulties in coping with the complexity and uncontrollable circulation.Since the development and utilization of personal data in China is still in the exploratory stage,there is an orderly and standardized system to be formed.In this context,the introduction of the personal data trust system provides a new view of the personal data protection and utilization.Personal data trust is an institutional with the purpose of continuous personal data protection and data circulation,and keep balances between data subjects and data controllers.Fiduciary obligations is the core of it.In order to construct China’s personal data trust system,it is necessary to clarify the concept and basic model,so as to lay a theoretical foundation for the discussion and research of follow-up issues.Personal data trusts,based on the fiduciary duty theory and the C-M Framework’s Liability Rules,have unique advantages in promoting personal data security and utilization.Combined with the analysis of the legislative status of China’s Trust Law,Civil Code,Personal Data Protection Law and Data Security Law,it clear that there are major difficulties in the construction of personal data trust system,such as disputes over personal data trust objects,unclear subjects of personal data trusts,and imperfect fiduciary obligations of trustees.Due to the late start of the research of data trust system in China,the United States,the United Kingdom,India,Japan and other countries have certain advanced experience in solving the above problems,such as protecting the right to personal data income,consent manager system,data protection officer system,etc.,which can provide reference for the subsequent legal improvement of China’s personal data trust system.The improvement of China’s personal data trust system shall start from three aspects,such as personal data trust objects,subjects,and fiduciary obligations,to build a data trust system system that is suitable for China’s personal data governance national conditions and compatible with existing laws and regulations.Determine the object of personal data trust as data property rights,clarify the ownership of data property rights,and improve the hierarchical classification of personal data,so as to solve the problem of data trust object disputes.Establish the basic structure of a personal data trust with the data controller as the trust settlor,the data trust company as the trustee,and the personal data subject and the data controller as the co-beneficiaries,and introduce qualified third-party institutions to process the data,so as to clarify the selection of the subject of the personal data trust and provide preferential protection for the beneficiaries who are the personal data subjects.Expand the connotation of the duty of loyalty,and refine the interpretation and implementation of the principle of best interest and the prohibition of conflict of interest in the Trust Law.At the same time,optimize the rules of duty of care,implement the trustee’s data security obligation and promote the obligation of reasonable income,and realize the construction of the legal system of personal data trust.