The path innovation of personal information protectionin the era of the internet of bodies:From process approach to result approach
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    Abstract:

    In the era of internet of bodies (IoB), the correlation between personal information and personal security has become increasingly close. The focus of protecting personal information rights and interests is no longer only on the autonomous control interests of information, but also other civil rights and interests that are easily damaged during the processing of personal information (especially physical health rights and interests), which has led to a prominent demand for the protection of physical health rights and interests in the application of IoB technology. Therefore, it is necessary for China to provide a legal basis for the application of IoB technology that has the effect of restricting personal freedom, and to improve the legal system for personal information protection from the perspective of protecting personal freedom. However, Personal Information Protection Law adopts a process based protection model that focuses on protecting the right to independent control of information. It ignores the priority of protecting the rights and interests of physical health, deviates from the legal interests of personal information protection, and leads to conflicts of interest between individuals, IoB companies, and social public interests. Civil infringement mechanisms are also difficult to remedy personal injury to individuals. Especially under the influence of IoB technology, this model not only fails to effectively protect individuals’ physical health rights, but also increases the cost of fulfilling information processors’ security obligations, thereby hindering social development. Therefore, China should actively respond to the dual requirements of personal information protection and physical health rights protection in the era of IoB, adopt a result based protection model dominated by personal rights protection, and return to the natural object of personal information protection, promote the balance between value protection and technical regulation, and compensate for the lack of private protection with national protection. In view of this, the personal information protection model in the era of IoB should carry out a legal reform of the protection path: firstly, China can fully leverage the advantages of the process based approach and determine a mixed protection model dominated by the result based approach, further refine the disclosure obligations of processors, narrow the scope of consent rights, and clarify the specific legal interests of personal information protection; secondly, taking the protection of physical health rights and interests as the value goal, individuals, enterprises, and the state jointly assume the obligation of personal information security protection, and establish a mutually beneficial and shared cooperation relationship for the use of personal information among individuals, enterprises, and the state; thirdly, starting from the protection of physical health rights and interests, by expanding the interpretation of personal injury, potential harm risks are included in the scope of harm. According to the potential risks and long-term differences in the results of personal injury, personal information subjects can apply different standards of proof in terms of injury outcomes and causal relationships.

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张玉洁,李晟.身联网时代个人信息保护的路径革新:从“过程式”到“结果式”[J].重庆大学学报社会科学版,2024,30(5):261~269

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  • Online: November 12,2024
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