Author(s)

Defeng Jin

Corresponding Author

Defeng Jin

ABSTRACT

As a typical representative newly appeared in the research of trust typology and contemporary trust legislation, data trusts have the advantages of professional countermeasures, collective management, and personal benefits, which have been applied in domestic and foreign practice. However, it also has some problems, including unstable data authorization trust and difficulty in defining data value, so it is urgent to formulate a practical legal system to solve these problems. At present, there are two different schemes for data trust: one is the "information trustee" scheme in the United States, which imposes fiduciary duties on data controllers, but this scheme is still in the theoretical stage. The other is the UK's "data trust" scheme, which establishes a third-party agency to provide independent data trust services. The UK has launched various data trust pilots, and summarizes the six stages and five legal structures of the data trust life cycle, which provides an important reference for the practice of data trust in China.

KEYWORDS

Data trust, personal data, data transaction, data security