Within the new model of integrated medical and elderly care services,elderly-related data manifest a composite rights structure that integrates both public and private law dimensions.The granular and multi-dimensional...Within the new model of integrated medical and elderly care services,elderly-related data manifest a composite rights structure that integrates both public and private law dimensions.The granular and multi-dimensional nature and heightened sensitivity of such data,combined with the inherent vulnerability and dependency of elderly-related data subjects,render the regulatory landscape particularly complex.Existing mechanisms for data circulation reveal deficiencies,including fragmented legal norms,indeterminate allocation of data ownership,and supervisory inadequacy.This paper conducts a doctrinal inquiry into the legal relationships among multiple stakeholders across three principal dimensions:data service authorisation,data transmission and operation,and data supervision and safeguard.It proposes a regulatory framework based on a dual-track mechanism-combining top-down harmonisation of existing legal provisions with bottom-up implementation of data trusts-supported by a comprehensive oversight architecture involving government agencies,public interest organisations,and industry associations.This framework is intended to ensure the effective protection of the rights and interests of digitally vulnerable elderly individuals.展开更多
文摘Within the new model of integrated medical and elderly care services,elderly-related data manifest a composite rights structure that integrates both public and private law dimensions.The granular and multi-dimensional nature and heightened sensitivity of such data,combined with the inherent vulnerability and dependency of elderly-related data subjects,render the regulatory landscape particularly complex.Existing mechanisms for data circulation reveal deficiencies,including fragmented legal norms,indeterminate allocation of data ownership,and supervisory inadequacy.This paper conducts a doctrinal inquiry into the legal relationships among multiple stakeholders across three principal dimensions:data service authorisation,data transmission and operation,and data supervision and safeguard.It proposes a regulatory framework based on a dual-track mechanism-combining top-down harmonisation of existing legal provisions with bottom-up implementation of data trusts-supported by a comprehensive oversight architecture involving government agencies,public interest organisations,and industry associations.This framework is intended to ensure the effective protection of the rights and interests of digitally vulnerable elderly individuals.
