In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How...In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.展开更多
With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as so...With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information.展开更多
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 fo...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.展开更多
文摘In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.
基金Project Supported： Beijing National Social Science Foundation （Project number： 13ZHB013）, the Chinese National Social Science Foundation （Project number： 12＆ZD220 ＆ 13 ＆ZD 184）, and the Chinese National Natural Science Foundation （Project number： 71133006/G0314）.
文摘With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information.
文摘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.
