by Dongyi Shi
Dongyi Shi PERSONAL DATA PROTECTION UNDER INTERNET PLATFORM ECONOMY Summer 2023 Int’l J. L. Ethics Tech. 2 (2023).
Available at: https://doi.org/10.55574/SGSY7772
Author Information: Dongyi Shi, Billion Industrial Holdings Limited, Jinjiang.
Abstract: The data subjects’ ownership of personal data and the basic rights and interests derived from it need to be implemented and clarified in practice by laws and regulations, and corresponding supporting regulatory systems should also be constructed accordingly. This article deduces “ownership” by discussing the “transmission” of personal data, studies the data’s usage through discussing the case of Taobao v. Meijing and explores the supervision direction brought by technological progress. Platform companies should satisfy data users’ wishes to obtain and transmit their personal data. Transfer of personal information being determined by individuals, makes for a fair and healthy competition environment among Internet platform companies. Under the most recent law environment, requiring every data subject to grant informed consent, would face complex application issues in practice. In order to make personal data circulate more conveniently in the society, this article proposes to refer to the spirit of the “Personal Information Protection Law”, which is, the basis of “informed consent” and the principle of “minimum necessity”, plus the method of “explicit permission”, and adopt a “payment consideration” model in specific commercial fields.
Keywords: personal data, data subject, data ownership, right to data portability, right to control.
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Persistent link: https://www.ijlet.org/2023-2-45-60
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