| With the development of information technology in the era of big data,data portability comes into public view in line with the requirements of The Times.By giving the data right holder the right to freely control the choice of data and the basic right to freely choose the object of transaction,the data portability right reflects the citizens’ right to information self-determination and can increase the frequency and efficiency of data application,thus promoting the flow of data in the market,thus breaking the data monopoly and ensuring a good competitive environment in the market.However,in the world,there are not many researches on this new legal right,the ownership of this data right has not been clearly defined,and there are many security obstacles to realize this right,which makes it difficult to put this right into practice.In 2016,the European Union’s General Data Protection Regulation(GDPR)was formally introduced to regulate the exploitation and use of personal data.This regulation introduced the "right of portability of data",which is the right of data subject to obtain personal data from a platform or directly transfer personal data from a platform to another platform.At present,after the Personal Information Protection Law officially promulgated and implemented in 2021 has incorporated the data portability right into the legal system,the core issue lies in how to implement the data portability right in compliance and security under China’s data security guarantee system.Therefore,the legal research on the realization of the data portability right based on security is of great significance.This paper combs the theoretical overview of the realization of data portability right based on security,discusses the necessity and feasibility of the realization of data portability right in security,analyzes the realization predicament of data portability right based on security at present,investigates the legal practices of data portability right in Europe and the United States by comparative analysis method,and finally puts forward some suggestions on how to realize the data portability right securely in our country.This paper specifically includes the following five parts:The first part mainly summarizes the theoretical overview of the realization of data portability right based on security,mainly discusses the overview of data security and data portability right,and the data portability right puts forward higher requirements for data security.The second part analyzes the necessity and feasibility of realizing the data portability right safely,which has practical significance.The third part analyzes the realization predicament of data portability right based on security,including the absence of legal basis of data portability right,the lack of protection and safety supervision of data portability right and the lack of supervision of data portability right may threaten the development of industrial security.The fourth part seeks and learns the experience of safely achieving data portability right from the systems in Europe and the United States.The fifth part proposes that our country should give it a clear legal basis through legal and judicial interpretation revision,strengthen data security compliance and supervision and law enforcement,promote the balance between the exercise of data portability right and promote industrial security development.To construct and optimize the basic system of data portability right,so as to promote the security development of data portability right system. |
