The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremel...The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.展开更多
In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to ac...In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system.展开更多
With the development of the internet and the increasing role played by information technology in the economy,personal information protection has become one of the most significant legal and public policy problems.Sinc...With the development of the internet and the increasing role played by information technology in the economy,personal information protection has become one of the most significant legal and public policy problems.Since 2013,China has accelerated its legislation efforts towards protecting personal information.The Cybersecurity Law of the People's Republic of China took effect on June 1,2017.Legal scholars focus on the nature of personal information,discuss the necessity of enacting specific laws on protecting personal information,and attempt to propose relevant draft laws regarding personal information protection.Personal information protection,however,is not only a legal issue but also a political one.We need to look at the decision-making process about legislation on personal information protection in China.Why has China sped up its legislation on personal information protection since 2013?Is privacy,civil rights,or legal interest the main reason behind the legislation?Only after placing personal information protection legislation in a broader context,can we have a better understanding of the underlying logic and dynamics of personal information protection in China,and can perceive the potential content and possible future of these legislation.This paper argues that Internet industry development,the social consequences of personal information infringement,and national security are the main drivers of China's personal information protection legislation.展开更多
文摘The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.
文摘In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system.
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 development of the internet and the increasing role played by information technology in the economy,personal information protection has become one of the most significant legal and public policy problems.Since 2013,China has accelerated its legislation efforts towards protecting personal information.The Cybersecurity Law of the People's Republic of China took effect on June 1,2017.Legal scholars focus on the nature of personal information,discuss the necessity of enacting specific laws on protecting personal information,and attempt to propose relevant draft laws regarding personal information protection.Personal information protection,however,is not only a legal issue but also a political one.We need to look at the decision-making process about legislation on personal information protection in China.Why has China sped up its legislation on personal information protection since 2013?Is privacy,civil rights,or legal interest the main reason behind the legislation?Only after placing personal information protection legislation in a broader context,can we have a better understanding of the underlying logic and dynamics of personal information protection in China,and can perceive the potential content and possible future of these legislation.This paper argues that Internet industry development,the social consequences of personal information infringement,and national security are the main drivers of China's personal information protection legislation.
