Research On The Right To Data Portability Under The Background Of The Personal Information Protection Law

In the era of digital economy,personal data,as an integral part of big data,has become a key factor of production for economic development.In the field of personal data protection,the European Union took the lead in making a legislative breakthrough,creating a right of data transfer.China’s Personal Information Protection Law also makes a principle provision on the right of data transfer.However,compared with other countries,the theoretical research on this right is still at its starting stage.Various practical cases concerning data transfer occur frequently,but there is still no clear legal guidance on the relationship between rights and obligations.The practical protection of the right to transfer personal data is faced with problems such as network platform hindering the realization of the right holder’s control over data,and unfair competition caused by the difficulty of transferring personal data.The reasons for these problems mainly focus on the legislation itself is not clear on the attribute of the right,the scope of application of the right is unclear,and the conflicts with other rights in the process of application of the right.This series of problems will lead to a large degree of impact on the purpose of data transfer right legislation.The legislative provisions on the right of personal data transfer in the Personal Information Protection Law are aimed at balancing the data interest relationship between various enterprises and individuals,promoting data flow,trying to break the cocoon effect of information,so that the data individual subject can obtain stronger right of information self-determination and improve the weak position of individuals in the data flow relationship.Therefore,it is very necessary to study the discrimination of the right attribute of data itself,the conflict of rights and obligations arising in the process of data transfer,and its coordination and adaptation,which is the core part of the study of the right of personal data transfer and conducive to the improvement of the personal data protection system.In the follow-up legislation,the provisions on the subject and object of data transfer right and the scope of application should be more perfect and clear.In addition,in the specific application process,when there is a conflict between rights,it can be considered from the scope of application,object,and right restrictions of personal data transfer right,and adopt the principle of proportionality to balance and coordinate in a case.When it conflicts with public interest,it is necessary to establish the principle of public interest priority.By exploring the legal attributes of personal data transfer right,this thesis analyzes the relationship between its legal basis,legal nature and related rights.At present our country’s legislative system is becoming perfect day by day.The legislative protection of personal information and data is also making steady progress.From the perspective of right protection,data monopoly and so on,there are still many obstacles in the application process of data transfer right in our country.In this regard,it is necessary to focus on the rights themselves and clarify the limits and scope of rights.At the same time,it is also necessary to improve the implementation of relevant legal mechanisms and supporting measures,and make efforts from multiple aspects to systematically protect data rights.