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用户数据迁移的权益边界:平台昵称、头像与社交关系的归属与竞争分析
3 6 Ke·2025-10-30 04:18

Group 1 - The core argument is that user nicknames, avatars, and friend relationships on online platforms are considered personal information, and users have the right to use this information across different platforms without restrictions from the original platform [2][4][6] - Personal information is defined under various laws in China, including the Cybersecurity Law, Civil Code, and Personal Information Protection Law, which collectively outline that personal information includes any data that can identify an individual [3][4] - The distinction between personal information and the electronic data that stores this information is crucial, as personal information belongs to the user, while the platform has rights over the electronic data that contains this information [5][6] Group 2 - When a user wants to use their personal information from one platform on another, they can do so either by directly setting the same information on the new platform or by requesting the original platform to transfer the data, which requires permissions from both the user and the original platform [6][7] - If platform B obtains user information from platform A, it must secure permissions from both the user and platform A to use that information, ensuring compliance with the Personal Information Protection Law [8][10] - The analysis of competition law indicates that platform B's use of user information from platform A, if done with user consent, does not constitute unfair competition, as it does not harm user interests [11][12] Group 3 - The concept of data portability is emphasized, allowing users to request the transfer of their personal information from one platform to another, which is crucial for enhancing user experience and competition among platforms [14][15] - There is a need for regulatory measures to protect data portability rights, especially for smaller platforms against larger ones, ensuring fair competition and user rights [15][16] - The revised Anti-Unfair Competition Law includes provisions to prevent unfair practices in data usage, reinforcing the importance of user consent and the lawful transfer of personal information [13][12]