With the continuous development of the Internet and big data technology，The collection and use of data is deeply changing our life，Now data has even become a new type of resource。In order to better protect personal information and data security，Prevent relevant companies from monopoly、illegal collection and user personal information data，The EU's "Data Protection instructions (Draft)" formulated by the EU in the late 1990s proposed the right to data portability，Concepts of "Data Carrying") concept。This concept has received widespread attention from the international community once it is proposed，Supporters and opponents start a fierce confrontation in public debate。Finally, the EU's "General Data Protection Regulation，Translated "General Data Protection Regulations"，The following referred to as the "Regulations") Article 20 officially establishes the data portable right system，I hope to strengthen the control of the residents in the European Union in the European Union，Promote the free flow of data，Stimulate innovative vitality in the Internet field。

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As an emerging system，The value orientation of the EU data can carry the right system is，Strengthen people's control of personal data and break data barriers and monopolies。It means that the subject of personal information data has the right、Commonly used and available "personal data，and have the right to request the platform。For example，Users of the online social media platform can require the platform to transfer the exclusive part of the user data to themselves or transfer it to other platforms。According to the design concept，Under this institutional bet365 Play online games framework，It should be able to realize the obstacle transfer of personal information between different platforms and devices。

The right and object of the right to carry the right of data is an important content of the relevant EU system。Regulations stipulate，The right of the right of personal information data can be carried by the data is the main body of the data，and limited to data information (such as name、Gender、address, etc.) Natural person who can directly or indirectly recognize，excluding legal person and other organizations。Natural person、Legal person、Public institutions and other organizations as the compulsory subject of data exist in the system。The object that can be carried by data is personal information data，that is, the data main body provided by、Personal information that has been recognized or recognized with its own linked。According to Article 20, paragraph 1 of the Regulations，The personal information data mentioned here does not include anonymous or personal data that has nothing to do with the data subject。At the same time, the European Union also explained the data range，Think that it is not infringing third -party privacy、Under the premise of freedom，To ensure the actual operability of the data portable right system，The scope of related data should not be excessively rigorous requirements。

The data stipulated in the "Regulations" can carry the right to carry the right content of two aspects: copy acquisition right and data transfer right。The right to obtain the copy, that is, the right of the information data subject has the right to request the data controller、The data related to it is transmitted in a specific form stipulated in the Regulations，Allow the data subject for backup。Division acquisition right gives data subject acquisition、The right to cache self -data，It is helpful for them to make better information Bet365 app download self -determination，Maintaining personal information freedom。"Regulations", paragraph 20, paragraph 1 and 2 stipulate the right to data transfer，It is also the core of the EU data that can be carried by the right to carry the power，Specific that the main body of the index has the right to request the data controller to transfer its own data to other data controller，Original data controller shall not be blocked or not completely transferred。The data transfer mentioned here generally includes two types of behaviors: First, the data main body exercises the copy of the copy，Store the data in the pre -prepared memory，and transfer it to another data controller to realize data transfer; the second is that the data controller directly requires the original data controller to transfer the specific data to another data controller。Settings of data transfer right，It aims to be based on the right to obtain a copy，Further promote the flow of personal information data，Breaking the control and monopoly of the personal information data of some Internet companies。

　　Data can be controversial in nature

The nature of the right to carry the right to carry data，At present, there are multiple views of academic theoretical circles，Mainly the nature of property rights、Three types of personality and composite rights.。

Property right The nature of property rights believe that data carrying right is property right。The core of the right to carry personal data is data processing and data transfer，For the "transaction" between the data subject and the data controller，The processed personal data is mainly related to property equity。A greater controversy on this view，Because the original intention of the EU's establishment of data can carry the right system is not to protect the property of the data main body，And most countries do not recognize the property nature of personal data，Therefore, this doctrine advocates only stay at bet365 Play online games the level of academic discussions。

Personal rights Nature The saying that data can be carried is the right to personality。Scholars who support this view think，Data portable right is an extension of privacy，belongs to personality right。Personal information data is related to personality dignity、freedom and user's personal privacy、Honor、Honorary and other personality interests，Therefore, personal data rights should be attributed to the category of personality rights，Personal interests that are characterized as the main body of the data。Although some data in personal information have property value，But it cannot be considered that the data that can be carried is property right，Because any right has a certain property value。corresponding，When the personal data can be carried, it can be violated，The protection method related to personality rights should be applied。

Composite rights Nature, think about，Data can carry the right to have both personality right attributes and property rights attributes，Is a new composite right。I also agree with this view。The original intention of the establishment of the EU data to carry right system is to protect personal privacy and personal data，Maintain personal personality dignity and information freedom，Therefore, it is beyond doubt that its personality right attributes are。The property property attributes of the right to carry the right to carry are mainly reflected in，Data main body can freely transfer the personal data that can be controlled by the data controller，Therefore, the ability to "discuss bargaining" with different data controlrs on the valuable data，Get benefits from it。This can be seen，Data can carry the rights and property rights attributes，Features of composite rights。

　The actual execution effect needs to be observed

The EU's data can be carried by the "data basic right" mode，Give the data subject a certain data bet365 live casino games control and self -determination right，better maintains the personality dignity and freedom of the data subject。At the same time，It also enhances the liquidity of the data，It can curb data monopoly of related companies to some extent，Promoting benign competition in the Internet field，Promote the development of the EU's digital economy。This system has a beautiful legislative idea，The actual execution effect still needs to be observed。

Some scholars believe that at the level of rights object, that is, the level of personal data，EU's relevant laws and regulations are too vague。Although the Regulations clearly stipulate that the "recognition theory"，But only the simple definition of "personal data" is given，No specifications are more specific and meticulous、Data range standard for actual operation，As a result, the scope of the right of the system is blurred，Judicial applicability is difficult。At the level of rights，EU's data can be carried by the right system stipulates that data subjects can enjoy the provided、Document acquisition right and data transfer right of "exclusive data" related to them。But personal information and data generally do not exist in isolation，Often is closely related to others outside the data subject，This requires the data controller to review the data obtained by the data subject，and the European Union did not make specific regulations on such review obligations。Therefore, the main body of the data invades the privacy of others due to exercising its own rights、When intellectual property rights or business secrets，The infringement liability shall be borne by the data controller or the data controller and how to bear it，Still need to be further explored and clarified。At the level of rights，Since the country has not yet reached a consensus on the nature of personal data，Legal attributes that can be difficult to identify data based on personal bet365 live casino games data right，Not conducive to protecting the rights of the data subject。

Another，Although the original intention and value orientation of the EU data can carry the right to carry the right system is to protect personal information security and freedom，Fully promote data flow、Breaking the data monopoly、Encourage technological innovation in related fields，But in the actual use process，From the perspective of the dimension of maintaining personal information data，This system gives the data subject greater bet365 live casino games control and self -determination，In fact, the relevant data may be placed in a more dangerous situation。EU data can be carried by the EU, giving the data subject to the right to obtain all the rights that can be obtained at one time，In this case, once the data main identity is used or forged，will cause unpredictable consequences。And data is very vulnerable to network attacks during online transmission，If the information data is leaked，It will be difficult to determine the responsibility of data sending and receiver。Breaking the data monopoly dimension，The idea of ​​this system is to open up data circulation channels from large Internet companies to small and medium -sized enterprises，But because related data involves a lot of personal information，People are often willing to believe in well -known、Large enterprises with a relatively complete security system instead of small and medium -sized startups，This makes their data transfer willingness to suppress，Not conducive to data flow and breaking data monopoly。

To sum up，From the author's view，Although the value orientation of the EU data can carry the right system is worthy of affirmation，But there are still many places to be perfected at the level of legislation and actual use。

(This article is the Research on the Infringement Liability of the Internet Platform in the Background of the New Technical Society) of the Fujian Provincial Social Science Planning Project (Special Special) of the Society of Law bet365 best casino games (Provincial Law Society) (FJ2020TWFB04) phased achievement)

(Author Unit: School of Law, Fujian Normal University)