比例原则视角下数据可携权之适用路径

《个人信息保护法》明确规定了数据可携权,但具体实施规范仍待细化.我国缺乏法律指引下的数据可携权实操经验,以比例原则作为分析工具对欧盟数据可携权确立过程和实施进路研析,可以用一种规范结构的方式映射我国数据可携权的适用路径.我国下一阶段可以将数据可携权实施规范确定为技术条件标准的政策性实现策略与竞争法上的补充实施方案相结合的框架,并在具体实施过程中进行动态评估调整.     

Keep around,drop, or revise? exploring what becomes of difficult ties in personal networks

Previous studies increasingly recognize the presence and impact of difficult individuals within personal networks. However, current research sheds little light on the turnover, retention, and change in quality of such difficult ties. The current study addresses this gap by focusing on two distinct forms of network change. We examine how role relationships, support exchange, relational homophily, and personal characteristics are associated with these processes. Data are drawn from three waves of the University of California Social Network Study (UCNets), a project containing comprehensive longitudinal data on ego networks among two adult cohorts. Findings indicate that over time, 34% of difficult ties re-appear in people’s networks as sources of aggravation; 26% of difficult ties are removed from the network; and 40% can no longer be verified as problematic network members. Most ties no longer deemed difficult are identified as providing one or more supportive functions. Multinomial multilevel models reveal that exchanging support tends to anchor difficult ties in the network. Kinship, meanwhile, plays a large role in whether difficult ties remain or get dropped. Personal characteristics such as gender, income, and relocation also play a role in these processes. Overall, we conclude that the turnover dynamics of difficult ties are similar to other ties, and the apparent change from negative to positive suggests that many ties hold ambivalent properties that make shedding such ties less common than may be expected.