Theoretical Meaning And System Construction Of Personal Data Trust From The Perspective Of Data Governance

In the 21st century,along with the rapid speed development of internet technology,the popularity of the Internet has produced a huge amount of data.Data has become a new factor of production,and digital economy has become the core part of China’s economic development.The development of data economy is inseparable from effective data governance.The current personal data governance is based on the "empowerment-rights protection" of data subjects,with data controllers as the leading factor and government supervision as the guarantee.The current personal data governance faces many problems,such as data islands,data monopoly and data security risks,unbalanced power structure between data subjects and data controllers,and contradictions between data sharing and data trust.These difficulties make it difficult for data governance to take into account both data rights protection and data circulation transactions,and it is necessary to find new paths to achieve data governance requirements.The theory of data trust came into being,which was designed at the beginning to solve the unequal status between data subject and data controller,so as to realize data circulation and transaction activities on the premise of ensuring data security.Britain and the United States have developed two different ideas: one is the "information trustee" theory in the United States,which regards the data controller as the trustee of the data trust,assumes the trust responsibility and bears the fiduciary obligation;the other is the theory of "data trust" in Britain,which creates or introduces a third party as the trustee of data trust,that provides data trust services,and assumes trust responsibility to properly manage trust data.The data trust theory has its feasibility and superiority in personal data governance,so it can achieve results in personal data governance.Some scholars believe that the current data-related legislation and system in China is not enough to apply the data trust theory.It is difficult to admit that data can be the object of trust because of the constant dispute over data ownership;the fiduciary duty of data trust will inevitably fail in the data economy market.However,data trust theory can put aside the problem of data ownership and take data rights as the trust object to realize data value;the British "data trust" theory takes the third party as the trustee,which can fulfill the fiduciary obligation.The China of personal data trust can adopt the British scheme to build a new path of personal data governance.Take the subject,object,fiduciary duty and operating mechanism of personal data trust as the basic system,supplemented by the access,supervision and accountability mechanism of data trust institutions as the safeguard system.Realize the protection of personal data rights,give consideration to data circulation and transaction,promote the maximum value of data elements,and make data elements "living,moving and using".