英文摘要 |
This research aims to seek possible regulatory theories and frameworks for data applications, in particularly data governance issues related to risks arising from data access and sharing between the private sector and between private and public sectors. The EU's overall data strategy after 2020 will obviously take the protection of fundamental rights and freedoms of individuals established over the past two decades as its core value, and attempt to achieve the goal of transparency and accountability for democratic governance through a diverse and open legal framework for the freedom of data flow, and promote fairness and equilibrium in its digital market. In this regard, this research applies Prof. Jack Balkin's Information Fiduciary Model, and takes the DGA as a reference point to analyze possible data sharing models. Furthermore, data altruistic makes it easier for individuals and legal persons to obtain relevant data/ personal data based on public interests, such as voluntarily providing data by consent in certain large-scale researches on data/ personal data collection. A relationship of trust in the legal system related to data altruism must be established. This paper argues that data governance has gradually taken shape in the progress of the EU data legal system with personal data protection as its core value. If Taiwan attempts to quickly integrate with the international data legal development in terms of data access and sharing, it must at least consider the relevant development of the EU. Since the Ministry of Digital Development is in charge of data governance, it will be a crucial role with a long way to go, which must accelerate the completion of the corresponding legal planning. |