探微与启示：欧盟个人数据保护法上的数据可携权研 究.pdfVIP

广西政法管理干部学院学报 第 31 卷第 6 期 JOURNAL OF GUANGXI ADMINISTRATIVE Vol.31.No.6 2016 年 11 月 CADRE INSTITUTE OF POLITICS AND LAW Nov. 2016 ： ’ Brief Research and Inspiration A Study of the Right to Data Portability in EU s Personal Data Protection Law Zhang Zhe ， ( School of Civil and Commercial Law Studies Southwest University of Political Science and ， ， Law Chongqing 401120 China) ［ ］ Abstract The right to data portability introduced by EU General Data Protection Regulation (GDPR) is unprecedented in respects of strengthening the data control of individuals as well as promoting the market competition ， this new type of right in the big data era becomes another highlight of EU ’s data protection reform after the right to be forgotten. With personal information ， self-determination as the theoretical basis the right to data portability includes the right to obtain a copy and the right to data ， ， transfer in the content. Meanwhile the abstractness of the legal concepts limitation of the applicable scope and the incompatibility with other data rights also make it urgent for the adoption of the EU law enforcement agencies ’ more specific and operable implementing guidance for the application of this right. As for Chinese current development of the Internet