Home
>
Explore Content
>
All Issues
>
Article View
The Feasibility of the Right to Data Portability in GDPR andIts Application Prospects in China and South Korea
Public Land Law Review
Abbr :
KPLLR
2019, 86(), pp.345-375
Publisher : Korean Public Land Law Association
Research Area : Law
2019, 86(), pp.345-375
Publisher : Korean Public Land Law Association
Research Area : Law
-
In recent years, with the rapid development of new generation information technologies(IT) on a global scale, the development of cyberspace has risen to an unprecedented stage. The European Union introduced the “right to data portability” system in the “General Data Protection Regulations”, which came into effect on May 25, 2018. Aiming at enhancing the individuals' control of data and promoting the free flow of data, the right to data portability itself involves largely two perceptions: right to receive personal data and right to transmit personal data. First of all, the “data” itself, as the object of “right to data portability”, implicates personal characteristics, honors and privacy, which makes it possible to say that it possesses "personality attributes". When it comes to the implementation process, this right specifically involves the legal source of data, the subject relevance of data, technical feasibility and the harmlessness of power exercise. At the same time, although this right has been sought after in the introduction process, it has also caused doubts from all parties, especially its rationality and feasibility is still mired in great controversy. In Europe US IT companies, such as Google, Facebook, Apple and Amazon have become increasingly vigilant about dominating the platform and dominating the information distribution market. As a result, it seems that the rules on the information movement have been designed to regain the distribution market of information that these US IT companies have dominated. Moreover, in addition to the EU region, other countries are actively exploring whether they can and how to refer to this system. All in all, the application prospect of this data migration right remains to be seen. As far as China and South Korea are concerned, in spite that this system is not suitable for indiscriminate introduction, it can still be applied in appropriate areas, such as the above mentioned telephone number transfer system. As long as the system can be localized, its effectiveness is likely to get maximized.
121
Viewed
Print this page
Search PDF