Normative Construction of Fiduciary Obligations of Data Fiduciaries
With the rapid development of network information technology,individuals are facing more and more serious data risks.The existing data protection mechanism in practice has the problems of rigid model and insufficient protection radius.The application of fi-duciary duty can help to make up for the above deficiencies,thanks to its ex ante normative perspective,bottomless evaluation standard and openness of the evaluation system.In order to protect the interests of data subjects more comprehensively,the scope of data fiduci-ary subjects should not be limited to commercial subjects.When judging whether to impose fiduciary duty on potential data fiduciaries,it should follow the double constraints of substantive and procedural elements to avoid the abuse of fiduciary duty.With regard to the specific content of the fiduciary obligations of data fiduciaries,it is possible to elevate the obligation of confidentiality to a primary obli-gation,strengthen the prevention of data leakage,and establish the principle of"flowing with data",emphasizing the use of negative obligations.
data protectionfaith obligationloyalty obligationobligation of careconfidentiality obligation
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