Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through e...Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.展开更多
The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determina...The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determination right of the data subject and foster a favorable environment for the players in a fair competition market.However,the implementation of the right to data portability in China is still in its infancy,fraught with complexities and uncertainties.This paper studies the right to data portability in China based on the Personal Information Protection Law,and explores its development,current status and potential impact in China.Moreover,it conducts a comparative analysis of the EU and US experience,mostly from the legislative perspective,to better understand practices in the world.In addition,this paper puts forward some specific suggestions on implementing the right to data portability,hoping that the right to data portability can be fully guaranteed in our real life.展开更多
基金the current result of the “research on the basic category system of contemporary Chinese digital law” (23&ZD154), a major project of the National Social Science Fund of China.
文摘Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.
文摘The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determination right of the data subject and foster a favorable environment for the players in a fair competition market.However,the implementation of the right to data portability in China is still in its infancy,fraught with complexities and uncertainties.This paper studies the right to data portability in China based on the Personal Information Protection Law,and explores its development,current status and potential impact in China.Moreover,it conducts a comparative analysis of the EU and US experience,mostly from the legislative perspective,to better understand practices in the world.In addition,this paper puts forward some specific suggestions on implementing the right to data portability,hoping that the right to data portability can be fully guaranteed in our real life.
