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Data Trust: a new scheme of data governance

From:社科报2021-8-29 21:04

Zhai Zhiyong wrote in the 4th issue of Oriental Law in 2021: the proposal of data trust is to solve the unbalanced power relationship between data subjects and data controllers, so as to ensure data privacy and security in data circulation and transactions. There are two different schemes for data Trust: one is the "information trustee" scheme in the United States, which imposes strict fiduciary obligations on data controllers, which is still in the stage of theoretical elaboration; The other is the "data trust" scheme in the UK, which establishes a third-party organization to provide independent data trust services. The UK has promoted various data trust pilot projects and extracted six stages and five legal structures of the data trust life cycle, which provides an important reference for countries to carry out data trust practice. The personal information protection law and data security law being formulated in China can learn from the data trust theory and practice of Britain and the United States, and explore China's data Trust Practice in data transaction and public data management.