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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]
助力平台企业发挥作用 提高政务服务质效(专题深思)
Ren Min Ri Bao· 2025-07-08 22:19
Group 1 - The core viewpoint emphasizes the importance of legal governance in the digital space, particularly for network platforms that are increasingly involved in social governance and public service delivery [1][3] - The rapid growth of various online platforms, such as short videos and social media, has significantly contributed to high-quality development and modern social governance [1][2] - The integration of government services into online platforms is seen as a modern manifestation of social governance, requiring adherence to legal standards to ensure service quality and citizen rights [3][4] Group 2 - Platform enterprises are characterized by their dual role as traditional businesses and social governance tools, necessitating a balance between public interest and business needs [2][3] - Current legal frameworks guiding the operation of electronic government platforms have made significant progress, but there are still gaps in regulations for platforms providing government services [4] - There is a need to clarify the rights and responsibilities of platform enterprises in delivering government services to enhance their participation in social governance [4]