Social Sciences in China (Chinese Edition)

No.6, 2019

 

Selection of a Model for Civil Law Protection of Personal Information

(Abstract)

 

Wang Cheng

 

Despite its safety and convenience, modern technology has turned out to be an alienating force independent of human beings. The relationship between modern technology and human development furnishes the macro-background for the discussion of personal information protection issues. China’s legislation on personal information protection emphasizes public law at the expense of private law; it lacks the rules-based support of basic civil law. In the legal system, civil law is an important means and basic norm for protecting the subject character of human beings; it can provide systematic support for the protection of personal information. Formulation of the corresponding legislation should distinguish between the protection of personal information and the protection of data; should establish independent control of personal information by the information agent; and should reinforce the position of the weaker side in the interest relationship. In the selection of a model of civil law protection of personal information, the models of indirect protection and legal interest protection both have flaws; the rights protection model is more suited to China’s legislative and judicial realities. The right to personal information can be embedded in the existing normative system of personality rights to ensure the internal harmony of the legal system. The personality rights section of the Civil Code should adopt the rights protection model.