Journal of Shanghai University (Social Science Edition)

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The Construction of the Right to Personal Information in China#br#

  

  • Received:2018-06-10 Online:2019-03-15 Published:2019-03-15

Abstract: Abstract: As the information society is highly complex, a sketchy conceptualized thinking mode cannot fit in the complicated ontology. The right to personal information must be explained in a holistic approach with personality and property as the dual ownership and through constructing the right to personal information by embedding personality into property. Under the condition of a given personality element of personal information and with the environmental and external constraints in a series of events (labor and transaction), a set of new rights to personal information separates from other rights such as the right to privacy, right to personality and basic rights, thus generating a new form of rightright to personal information, with the aid of the State empowering and  functional deriving. The right to personal information includes the right to control personal information, public right, right to information property, right to be forgotten and residual right, with all these rights overlapping and sharing common ground. Due to the complicated strucutre of the right to personal information, the protection of personal information in China should combine the mixed legislature mode with the holistic legislature principles, aiming at an integrated legal structure with privacy law as the starting point, the economic law, administrative law and criminal law as the protection and the law of society as the guarantee. In this way, we may construct a legal system of personal informtion protection, which encourages the mobility of personal information while warding off potential huge risks involved.

Key words: ownership, seperated right,  right to personal information, wholistic approach, empowering