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Discuss On The Ownership Of Personal Data

Posted on:2022-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:J D LiFull Text:PDF
GTID:2506306488465234Subject:Master of law
Abstract/Summary:PDF Full Text Request
Personal data has the formal characteristics of data and the substantive charact eristics of personal information.It carries the inherent personal interests of specific civil subjects and the property interests generated by labor and can be controlled b y the data processor to make it the object of civil rights.The exclusivity of perso nality interests determines that personal data as the object of personality rights is e xclusive to natural persons,and the development of data technology enables person ality interests to exert property efficiency,which is essentially a manifestation of th e power expansion of personality rights in the Internet era.Under the framework o f the Civil Code,the right to personal data as a new personality right is different from the existing specific personality rights,and reflects the distinctive characteristi cs of the times and a deep humanistic concept,which plays a balance between theprotection of personal information and the promotion of data circulation.As the s ubject of personal data rights,natural persons have the right to use acquisition,cor rection,and deletion of their personal information as specific content,the property rights that allow others to use,and the personal dignity of their personal informati on based on knowledge and consent.Sexual rights,and the rights enjoyed by data processors on the personal data they control are mainly embodied in the processingof personal data under the principle of “lawfulness,justification,and necessity”,w hich is similar to the right of neighboring rights and the right to use,which is pro perty rights related to the right of personal data.
Keywords/Search Tags:personal data, nature of rights, ownership of rights, content of rights
PDF Full Text Request
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