The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci...The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.展开更多
Ⅰ.INTRODUCTION There are increasing concerns over data privacy,with information and communication technology proceeding at a rapid pace and posing intrusive challenges.Recognition of minors'vulnerability and tran...Ⅰ.INTRODUCTION There are increasing concerns over data privacy,with information and communication technology proceeding at a rapid pace and posing intrusive challenges.Recognition of minors'vulnerability and transformation in their rights'protection occurred not far from where we stand at present.Such a combination breeds a new subject of exploring minors'personal data protection,among which the consent mechanism is highlighted.展开更多
The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determina...The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determination right of the data subject and foster a favorable environment for the players in a fair competition market.However,the implementation of the right to data portability in China is still in its infancy,fraught with complexities and uncertainties.This paper studies the right to data portability in China based on the Personal Information Protection Law,and explores its development,current status and potential impact in China.Moreover,it conducts a comparative analysis of the EU and US experience,mostly from the legislative perspective,to better understand practices in the world.In addition,this paper puts forward some specific suggestions on implementing the right to data portability,hoping that the right to data portability can be fully guaranteed in our real life.展开更多
基金the provincial key academic project Research of the Grassroots Negotiation and Governance Modernization Viewing from the Angle of State Governance(2019-GDXK-0005)
文摘The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.
基金supported by the China Scholarship Council’s High-Level University Scholarship Program for Sponsored Graduate Students。
文摘Ⅰ.INTRODUCTION There are increasing concerns over data privacy,with information and communication technology proceeding at a rapid pace and posing intrusive challenges.Recognition of minors'vulnerability and transformation in their rights'protection occurred not far from where we stand at present.Such a combination breeds a new subject of exploring minors'personal data protection,among which the consent mechanism is highlighted.
文摘The right to data portability is an essential part of personal data protection in the booming era of big data,which is closely related to our work and lives,as it may play a crucial role in safeguarding self-determination right of the data subject and foster a favorable environment for the players in a fair competition market.However,the implementation of the right to data portability in China is still in its infancy,fraught with complexities and uncertainties.This paper studies the right to data portability in China based on the Personal Information Protection Law,and explores its development,current status and potential impact in China.Moreover,it conducts a comparative analysis of the EU and US experience,mostly from the legislative perspective,to better understand practices in the world.In addition,this paper puts forward some specific suggestions on implementing the right to data portability,hoping that the right to data portability can be fully guaranteed in our real life.
