Author(s)

Yufan He

Corresponding Author

Yufan He

ABSTRACT

The significance of data protection has urged Chinese legislators to improve defectives concerning current data protection legislation. Traditionally, “people orientation” spirit argues that private interests would be inferior to public interests and property rights would be inferior to human rights. Under these circumstances, there is a confusion to equate definition of information and data. Furthermore, data’s legitimacy property feature would not be acknowledged by legislation because the content in data concerning human right outweighs. Other defectives are concerned with unbalanced controlling force distribution and the lack of ex-territorial effect. The former is on account of Chinese political socialism and the latter is concerned with strategy to acquire global fame. After numerous empirical analyses and investigations, Chinese legislators have found that there is high integrating degree between current defectives and introduction of data portability regime. As for practical approaches, it is rational to introduce this regime into property chapter of civil code; the definition of data and its attributes should be clearly explained; introduction should be based on local situation step by step; provisional exemption should be imposed to small enterprises and poverty areas due to their limited resources to afford liability.

KEYWORDS

Data portability right, socialism, people orientation, ex-territorial effect, data attribute, localization