The protection and utilization of personal data is the core issue of the personal data legal system,and the personal data authorization transactions being carried out in China attempt to balance data transactions and personal interests by means of personal authorization.However,the current personal data authorization transactions have no clear nature of authorization,fiduciary structure and other theoretical dilemmas,which in turn give rise to transaction risks and unclear application of norms and other issues.In view of nature,personal data authorization based on personal data self-determination is a legal act,which cannot be withdrawn arbitrarily,and is different from consent to personal data processing as a quasi-legal act.Personal data fiduciary cannot be defined solely in terms of a fiduciary relationship,but rather the fiduciary structure should be understood in terms of the legal framework.The right to portability of personal data can make up for the shortcomings of authorized transactions in terms of data quality and lead to the sustainability of the transactions.In terms of institutional options for authorization transactions,quid pro quo transactions are efficient but have a low level of compliance,requiring a public-private collaborative regulatory model;fiduciary transactions could consider drawing on data intermediary services to encourage data subjects to participate in the flow of data.
关键词
个人数据授权交易/个人授权/数据信托/个人同意/数据二十条
Key words
personal data authorization transaction/individual authorization/data trust/consent/20 Articles of Regulation on Data
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