Trustee’s Obligation of Data Trust from the Perspective of Balancing Personal Information Protection and Data Circulation

Abstract

Data plays a key role in current society with its security facing challenges. In this context, data trusts have emerged, but the trustee’s obligations are vague. The theory and practice of data trust in Britain, the United States, Japan and other countries are developing vigorously. However, China has not yet established a relevant legal system with different views on the trustee’s obligations in academia. According to the further analysis of a tripartite legal relationship of data trust, the significance of the data controller as the settlor, the admission standards of the trustee, and the multi-beneficiary theory are emphasized. From the perspective of balancing personal information protection and data circulation, it is proposed that personal information protection is the foundation of data trust. Meanwhile, data circulation with public goods and economic value attributes is the driving force for the development of data trust. Finally, the trustee’s legal obligations during the establishment, continuance and termination of the trust should be further refined, including reasonable negotiation obligations, fiduciary obligations for data management, data confidentiality obligations, and income distribution obligations.