With the application of a 5G communication network, the capacity, relationship, and complexity of various data collected and processed by data users through social networks, e-commerce platforms, and mobile intelligent terminals will be far beyond the traditional processing capacity and cognitive scope.

Peng Jing, a member of the National Committee of the Chinese People's Political Consultative Conference and Director of Chongqing Jingsheng Law Firm.

Peng Jing, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and Director of Chongqing Jingsheng Law Firm, proposed that great attention should be paid to further strengthen the protection of personal information in a 5G context.

Peng said that currently, the cultivation of the data element market is being advanced, and it is urgent to clarify the issue of data ownership at the legal level as soon as possible.  The deep reason why it is difficult to clearly determine the data ownership is that the attributes of the data are highly dependent on the specific scenario.  Therefore, under the background of big data intelligence, more effort needs to be made to establish and complete mechanisms for strengthened personal information protection. A one-size-fits-all approach to determine the ownership of data is undesirable. Instead, it is necessary to set up different scenarios, define the nature and type of data in specific scenarios, and determine the data rights and interests of relevant subjects according to the reasonable expectations of all parties in specific scenarios.

Peng suggested that the focus of mechanism design should be shifted from "permission allowed on the premise of the individual being informed" to "letting the information processor take the responsibility", and a "user responsibility" mechanism should be established to strengthen users' awareness of personal information protection under the pressure of responsibility.

At the same time, through the establishment of the corresponding supporting system, an institutional environment where whoever violates the law or infringes the right must be held accountable should be established. First, the presumption of fault liability for data infringement should be established on the mechanism of accountability. The infringer shall prove that he/she is not at fault if not, the infringer is presumed to be at fault, thereby reducing the burden of proof on the infringed. Second, the approach that the data controller and the processor should bear the joint and several tort liabilities should be adopted, so as to urge all parties to prudently process and use the data. Thirdly, a system of "penalty publicity" for illegal acts shall be established, and illegal enterprises shall be included in the "blacklist of illegal acts", so as to effectively curb illegal acts that infringe upon personal information.