Data protection and circulation under EU delicate data legislation
In recent years,the legislative focus of the EU data field has produced a value shift in a certain way,and EU law,as an important part of the civil law system,is in line with China's legal system.The study of the spirit of the rule of law and the val-ue orientation demonstrated by the EU data legislation process has certain referencing significance for China's data governance.Based on the EU charters,conventions,treaties,strategies,laws and bills on data governance as the analysis text,this paper conducts a dual dimensional study featuring synchronicity and diachrony of the EU series of normative texts to clarify their legisla-tive philosophy and path choices.During the research process,it is found that the European Union has a cognitive shift from tradi-tional personality right to property right regarding the concept of data right,which arises from the inclusion of data as a new type of production factor from legal perspective,which has led to the EU legislative evolution trend from traditional data protection to data flow and empowerment.Besides,three inspirations concerning data governance in China have been concluded,which are the systematization of the construction of data strategy,the diversification of interests of the creation of data right and the typifica-tion of the design of data circulation models.
personal data protectiondata value circulationGeneral Data Protection RegulationData Act
万方数据
维普
