Legal Definition And Protection Rules Of Personal Information Right

The legal definition of personal information right should be clarified in the study of its relationship with privacy and data right.In Chinese law,the rights to privacy and personal information have independent meanings.The protection goal of privacy is to prohibit the disclosure or intrusion in any sense,while the protection goal of personal information right is to prevent the abuse of personal information and realize the knowledge and control of the relevant utilization and processing.The protection scope of personal sensitive information has been covered by privacy.As a result,personal sensitive information should not be a parallel classification with privacy.Privacy and personal information could be finally distinguished by judicial judgment in each certain case.In the sense of informatics,information and data are different concepts,which does not mean that they are also different in the sense of law.For individuals,personal data is the same as personal information.Only personal information is protected as the object of rights in legal sense.For data controllers,only the desensitized data which cannot identify or directly identify the information subjects could be the object of property rights.Under the existing conditions,de-identification is the key to the distinction between personal information right and data right.The right to privacy,personal information right and data right have constituted the hierarchical protection system of information rights.In the rules of the use of personal information,informed consent rule is an important way to balance the protection of personal information and the need of data utilization,although it has some problems in being formalized and compulsory.These problems could be solved through the pre-judgment of privacy information,the involvement of third-party regulatory agencies,the use of technical means to simplify the process and reduction of consent requirements.It is urgent to establish a dividend distribution rule of personal information right.Compared with the separate rebate model,digital service tax could be an effective means to achieve fair distribution in digital economy.