The Localization of China’s Trusteeship Mechanism under the Dilemma of the Ownership of Personal Data

• 발행기관: YIXIN 출판사
• 저자명: Lu Yuchan
• 간행물 정보: 『International Academic Tribune』Vol.2 No.2, 36~57쪽, 전체 22쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2025.05.31

국문 초록

Currently, China’s personal data governance is faced with the dual challenges of ambiguous ownership definition and the imbalance of the rights and interests of subjects. The traditional “notice-consent” model, due to the technological gap and lack of trust, has difficulty in ensuring the substantial control rights of data subjects. Focusing on the localization construction of the personal data trusteeship mechanism, by comparing the institutional logics of the “dual-subject” and “tripartite-subject” models in the United States and the United Kingdom, this paper reveals the core value of introducing third-party trusteeship institutions in China to balance data circulation and privacy protection. The ambiguity of ownership leads to problems such as the virtualization of data subjects’ right to benefits and the passivity of judicial remedies. It is necessary to reconstruct the rules for the distribution of data rights and interests through the framework of “separation of three rights”. Based on the “classification and grading of ownership confirmation”, a trusteeship system with the coordination of “technology + institution” should be constructed, and the fiduciary obligations of third-party institutions and the regulatory path throughout the whole chain should be clarified, so as to provide a legal solution with both security and efficiency for the marketization of data elements in China.

목차

Ⅰ. Introduction

Ⅱ. Realistic Challenges and Theoretical Confusions of Personal Data Custodianship

Ⅲ. Domestic and International Exploration of Legal Systems for Personal Data Custodianship

Ⅳ. Delving into the Principles of Personal Data Custody Legal System

Ⅴ. Construction of Localized Legal System for Personal Data Custody

Ⅵ. Conclusions

References

키워드

Personal data trusteeship Dilemma of ownership Localized mechanism Separation of three rights Fiduciary obligation