Policy analysis reveals that triple authorization restricts data flow in the big data sector, suggesting informed consent to balance commercial rights.
Data sharing has gained significant prominence due to the emerging trends shaped by the Internet of Things (IoT), As a result, the rule of triple authorization as implemented by the judicial system has become popular, i.e. any data shared has to have the necessary approval from user for its collection and authorization from holders and user for its distribution. This rule has seriously affected data flow, impeding the growth of the big data industry. The mechanism of data sharing is in urgent need of improvement. In light of the big data industry’s evolving demands, the detrimental impact of the existing frameworks on its development is examined from an industrial growth context. Then, from the perspectives of protecting personal data and sustaining the prevailing commercial interests, the control mechanism and benefit distribution mechanism for data sharing are reconstructed. The realization of the potential of data and foster the growth and continuous improvement of the data market, there is a need to we must reassess the current model of comprehensive informational autonomy granted to data subjects and transition to an informed consent approach. This shift should include granting users the right to retrieve data in cases of unlawful collection, circulation, and utilization. Meanwhile, we should also make efforts in the following aspects: (i) encouraging active participation of data businesses in data sharing, (ii) improving the equitable distribution of benefits between data holders and users, (iii) clarifying and assigning the interests of data entities, and (iv) in the event of conflicting interests, the data holders’ interests will be the priority.
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Shen et al. (2024) studied this question.
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