Research On The Right Of Personal Information Portability

As a new right,the right of portability has been widely discussed in the world since its establishment.The Right of Personal Information Portability is first established in the Personal Information Protection Law.This right is given the expectation of breaking the monopoly of data platform and promoting the circulation of personal information,but its specific implementation specifications still need to be refined.The main problem of the right in practice is that the unknown attribute of right,the object scope is fuzzy.The conflict between the right of personal information portability and other rights has not yet established a reasonable solution mechanism.As a result,these issues have led to poor practice of the right.Therefore,we can not copy foreign legislation,we should adjust the right of portability in our country.First of all,the attribute of right is the basis of protecting right.The unidentified attribute of the right makes it difficult to be relieved when it is infringed upon,thus damaging the rights of the subject of information.Therefore,the right of portability should be protected as a new kind of right which has the attributes of both personality right and property right.The right of portability is inseparable from the subject of information and has a strong personality.If we only pay attention to its attached personality interests,but ignore the property interests at the same time,it will not be able to reflect its legislative purpose of protecting personal information and promoting the flow of information.The great economic value of personal information makes it a new type of transaction target.The right of portability can guarantee the information subjects to obtain their personal information at low cost,thus promoting the flow of data and the effective use of data property.Therefore,the right of portability is regarded as a new personal information right with the attributes of both personality right and property right,which can provide comprehensive protection for personal information.Secondly,in cases involving disputes over personal information protection,how to interpret the object of the right of portability will affect the final outcome of the case.To define the object of the right of portability is to define the scope of personal information.Our country uses identifiable criteria to judge personal information.The scope of personal information is becoming more and more ambiguous,which leads to the ambiguity of the scope of the object of the right of portability.Comparison of extraterritorial provisions,the core idea of the judgment of the object of the right of portability is to define the information type according to the source of the information and judge whether the information belongs to the scope of the object of the right.Incorporation of original personal information into the object of the right.In a particular scenario,observational information that is partly formed by information subjects on their own initiative and only provided by information processors for storage services is also included in the scope of objects of the right,excluding derivative information,to balance the interests of information processors and receivers.Finally,reviewing and rethinking from extraterritorial legislative experience,the exercise of the right of portability may lead to conflicts with the right to privacy,right to delete and intellectual property rights.In view of the complexity and the novelty of the right,differentiated information carrying system should be established in the exercise of the right.Define the limitation clause of the right of portability,so as to construct the settlement mechanism of the conflict between the right of portability and other rights.Based on our country’s personal information protection system,improve the relevant laws,regulations and industry standards,set up an operable supervision and relief mechanism by setting up a special information supervision department.