Journal of Shanghai University (Social Science Edition) ›› 2025, Vol. 42 ›› Issue (1): 1-14.
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Abstract: After being adapted to the Chinese legal context, Hohfeld’s theory of rights encompasses eight fundamental legal concepts. Among these, claim-rights, liberty-rights , power-rights, and immunity-rights constitute the broad concept of rights, while duty to act, duty to abstain, duty to obedience, and duty to laissez- faire constitute the broad concept of duties. Based on Hohfeld’s theory of rights, the internal structural forms of personal information rights under the Personal Information Protection Law of the People’s Republic of China can be categorized into three types: the right to personal information protection enjoyed by information subjects, the right to process personal information held by private processors, and the power to process personal information possessed by public processors. Although the specific content of the rights (or powers) within these three types of personal information rights differs, all of them can be explained through the eight fundamental legal concepts in Hohfeld’s theory of rights.
Key words: Hohfeld’s theory of rights, personal information rights, right to personal information protection, right to process personal information, power to process personal information
CLC Number:
D922.29
HUANG Pei. Reconstruction of Personal Information Rights from the Perspective of Hohfeld’s Theory of Rights[J]. Journal of Shanghai University (Social Science Edition), 2025, 42(1): 1-14.
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