Social Sciences in China, 2021

Vol. 42, No. 1, 2021

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 humankind. The relationship between modern technology and human development furnishes the macro-background for the discussion of personal information protection issues. Chinese law should respond actively to avoid being reduced to a “morass of rules” in the global context. China’s legislation on personal information protection emphasizes public law at the expense of private law; it lacks the rule based support of basic civil law. Within the legal system, civil law is an important means and basic norm for protecting the agency of human beings, as it can provide systemic support for the protection of personal information. Formulation of the corresponding legislation should establish the independent control of personal information by the subject of the information, and should reinforce the position of the weaker side in the interest relationship. With regard to selecting 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 better 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 compatibility of the legal system. The rights protection model should be adopted in the personality right section of the Civil Code.

Keywords: right to personal information, alienating force of science and technology, protection model, Civil Code