The Way to Optimize the Right to Personal Data Portability in Chinese Practice

 — Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

LI Jinhua

Abstract: Although the existing legal norms and judicial practices can provide basic guidance for the right to personal data portability, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal information automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypted, and whether the scope of personal information involved is consistent. This gap in practice, on the one hand, reflects the misunderstanding of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical limitations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

Keywords: right to personal data portability · right to consultation and duplication · right to data transfer · privacy policy · technical operability