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
Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics c...Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.展开更多
The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usuall...The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control,and is interpreted as a specific right to personal information.This understanding somewhat misinterprets the nature and function of the bundle of personal information rights.In terms of its nature,the bundle of personal information rights is the outcome of the state’s obligation to actively protect and empower individuals through institutional safeguards,and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law.In terms of its function,the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors.Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer,more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system.As an instrumental right under the state’s regulatory strategy,the implementation of the bundle of personal information rights needs to focus on facilitating the individual’s knowledge,participation and ability to negotiate under procedural justice,as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice,with a view to continuously developing and enhancing the state’s regulatory rationality.展开更多
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phased result of the project “study on the legislation of genome editing in human embryos”(Project No. 19SFB2035)National Rule of Law and Legal Theory Research Program by the Ministry of Justice in 2019。
文摘Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.
文摘The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control,and is interpreted as a specific right to personal information.This understanding somewhat misinterprets the nature and function of the bundle of personal information rights.In terms of its nature,the bundle of personal information rights is the outcome of the state’s obligation to actively protect and empower individuals through institutional safeguards,and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law.In terms of its function,the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors.Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer,more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system.As an instrumental right under the state’s regulatory strategy,the implementation of the bundle of personal information rights needs to focus on facilitating the individual’s knowledge,participation and ability to negotiate under procedural justice,as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice,with a view to continuously developing and enhancing the state’s regulatory rationality.
