On The Legal Protection Of Personal Information Derived Data Rights

Personal information derived data is an important part of the current legal protection of personal information.Personal information derived data is a new data type which is different from the original data of personal information.It is a new data content obtained by intellectual transformation of the original data with the consent of the data subject.At present,the legal protection of personal information derivative data has not yet been finalized in China’s practice,and its security has increasingly become an important concern in economic life for the core interests of citizens.At present,the related issues of "the right to data derived from personal information" are still the frontier theoretical research contents in the academic circles of our country.Most scholars advocate that all data of personal information should be protected under the personal information law without definite division.This paper holds that the derived data of personal information is quite different from the original data.It has many attributes,such as property and personality,and should be protected separately.The text consists of the following four parts:The first part is the theoretical basis of personal information derived data rights.The "data right" was proposed by former British Prime Minister Cameron.The personal information derived data right discussed in this paper is a further refinement of rights under the data right.The author advocates that the subject of the right is the individual,not the legal person and the non-legal person organization.Its right content should include the right of self-determination,the right of confidentiality,the right of desensitization,the right of retrospective deletion,the right of reward and so on.By comparing the similarities and differences between the right of personal information and the right of privacy,the author clarifies the characteristics of the right of personal information derived from data.The second part introduces and discusses the objective situation of the protection of personal information derived data rights in China.China’s Criminal Law,Consumer Rights Protection Law,Information Security Law and General Principles of Civil Law only specify the legal protection of personal information.In real economic life,there are some problems,such as excessive access to and use of personal information by Internet enterprises,neglect of personal informationprotection by individual citizens,and the leakage of personal information caused by improper actions of our government in personal information processing.The third part specifically discusses and analyses the problems existing in the legal protection of personal information derived data rights in China.The legal protection of personal information derivative data right in China’s legislation is too principled and relevant provisions are scattered among different legal norms.The provisions of legal liability are mostly supervisory clauses without clear punitive content.There are judicial obstacles in the remedy of rights,and there are problems of high cost and poor effectiveness in the protection of rights for individual citizens.。The fourth part puts forward the idea of perfecting the legal protection of personal information derived data rights in China.This paper suggests: firstly,the right of personal information derived data should be created in legislation,which clearly stipulates the subject and content of the right;secondly,it is necessary to strengthen the investigation and implementation of legal liability,distinguish the subject of liability in legislation,quantify the standard of loss caused by specific tort;finally,it is necessary to improve the provisions of right relief.