中图分类号：D923.8
文献标识码：A
DOI:10.19358/j.issn.2097-1788.2023.04.007
引用格式：王欣辰，沈廖佳.数据可携带情形下的权利冲突与规则调适［J］.网络安全与数据治理，2023，42（4）：39-44.

Rights conflict and coordination in situation of data portability

Abstract： Whether it can effectively address the collision of the right to data portability is not only the key aspects for the right to portability strategy in countries, but also the core of the success or failure of the system. From the perspective of the essence of rights, the right of portability emerges as a tool to achieve a balance of interests of multiple subjects, it also plays an extremely special role in the bundle of personal information rights due to the positive impacts and the substance of being human. Taking judicial practice as a mirror, the only way to break the shackles of data transfer and distribution of data interests is to get rid of the “Triple Authorization Principle” and the AntiUnfair Competition Law and face up to the various types of the collision of the right to data portability. Starting from a typical scenario, the collision of the right to data portability is mainly reflected in the derogation of personal information, the infringement of intellectual property rights as well as the threat to data security. It is advised to establish a resolution mechanism of collision of right under the various situation, designing from the four aspects of the legislative concept, object boundary, legal interaction, and security guarantee, so as to achieve a “perfect closed loop ” of the right to data portability system in China.

Key words : the right to data portability; personal information protection; collision of rights; data security