PERSONAL DATA PROTECTION: RETHINKING THE REASONS,NATURE, AND LEGAL FRAMEWORK |
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| Authors: | DING Xiaodong |
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| Affiliation: | Law School, Peking University, Beijing, China; J.S.D., Yale Law School, New Haven, USA; Associate Professor, School of Law, Renmin University of China, Beijing 100872, China |
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| Abstract: | This paper rethinks the reasons for and the nature and means of personal data protection. The reasons for personal data protection are that it could promote the fairness and effectiveness of information flow, help individuals develop their independent personality, and equip them to deal with risks. With respect to the nature of personal data, this paper argues that such data should not be perceived from a purely individualistic point of view. Rather, there should be a contextualized understanding of the data, which considers the appropriate information flow of personal data within a particular context. Regarding the legal framework of personal data protection, this paper suggests that consumer protection law and public law are better equipped to protect personal data than tort, contract, or property law. |
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| Keywords: | privacy data protection context information flow individualism |
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