On the independence of personal information property right
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D923

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    Abstract:

    At present, there are two different viewpoints on the relationship between personal information property right and personal right, namely "monism" and "dualism". The transferability of personal information property right is obviously different from the personal specificity of personal right, and therefore personal information property right should be confirmed independently. Personal information property right can be exercised independently, which forms a right level, namely "personal information personal right-personal information property right-personal information using right", to safeguard the legitimate interests of related right holders in commercial use. The "externality" meanings to personality in different personal information types are different. Independent protection of personal information property rights will be propitious to realize the balanced value of protection of human dignity and freedom of information. Therefore, it is essential that we take the duality pattern namely independent confirmation, exercise and protection on personal information property right, in order to protect the most efficient personal information allocation through market and promote the commercial use in an orderly manner in the information age.

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项定宜.论个人信息财产权的独立性[J].重庆大学学报社会科学版,2018,24(6):169~180

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History
  • Received:
  • Revised:June 05,2018
  • Adopted:
  • Online: October 25,2018
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