Research On The Human Rights Attributes Of Personal Data Rights

The scale of data development is becoming more and more extensive,and the interests involved are more and more far-reaching,involving more and more natural persons,and therefore more and more people’s interests involved in personal data are infringed.Based on the demand of interest protection,the right of personal data has emerged,but the nature of the right of personal data has not been clearly stipulated in the legislation and justice,and the academic research has not reached a unified consensus.In particular,the controversial point is whether personal data rights have human rights attributes and whether they can constitute emerging human rights.In the era of generalization of rights,especially human rights,as personal data rights involve the part of "human dignity",the theory of "digital human rights" has emerged,but whether it can really stand up to the scrutiny of human rights theory remains to be considered.Therefore,this paper discusses the validity or otherwise of the human rights of personal data rights and related issues.Firstly,we define personal data rights,sort out the structure of personal data rights and analyze the relationship between personal data rights,personal information rights and privacy rights,and clarify the basic nature and characteristics of personal data rights,mainly to clarify the specific interests contained in personal data rights.On the other hand,we analyze the motives of intergenerational innovation of human rights and the criteria of what constitutes intergenerational innovation of human rights.On the other hand,by analyzing the causes of intergenerational human rights innovation and the criteria of intergenerational human rights innovation,we argue whether personal data rights are sufficient to cause intergenerational human rights innovation and thus constitute the fourth generation of human rights.In the end,it is clear that rights relating to personal data are not linked to human rights,and not only lack the universal and fundamental elements of basic human rights,but also do not go beyond the content and structure of existing human rights in terms of the content and realization of rights,and cannot cause intergenerational innovation of human rights and cannot constitute the fourth generation of human rights.