Research on the Personal Data Portability Based on the Perspective of Property Rights Theory in the Context of Enterprise Digital Transformation

Abstract

This study examines the right to data portability under the industrial economics theory, and addresses the problems of ambiguous boundaries, inconsistent formats, and data sharing. Based on the relational transactions in China, this study analyses the right to data portability from three aspects: transaction boundaries, transaction frequency, and exclusive nature. From the viewpoint of transaction uncertainty, it is necessary to clarify the content of transaction data and define the property rights boundary. From the view of transaction frequency, more detailed regulation of data processing mode is needed to reduce transaction costs in the future. The data processing mode needs to find a balance between security and rapidness. The data processing mode should imitate distributed data transfer protocol or decentralized recommendation system. From the perspective of asset exclusivity, data sharing should be classified for different users. The relationship between user privacy and data sharing should be properly balanced to prevent a “one-size-fits-all” data management model. This study applies property rights theory to address the issue of data portability, focuses on the economic benefits brought by data portability, and expands the perspective of the data portability’s nature. Based on relational transactions in China, this study enriches the research of personal data protection in developing countries. In addition, the results provide a theoretical basis for government management, help define the boundary of digital assets, promote the digital transformation of cities, and facilitate sustainable economic development.