A Comparative Study On The European And American Modes Of Protection Of Personal Data

The European Union and the United States are pioneers in the legal protection of personal data worldwide.With the EU’s concern over the protection of individual rights at the core,the EU actively responded to the new challenge of personal data protection in the context of the era of big data through legislative reforms – Right to the Protection of Personal Data has made a stunning appearance.Different from the traditional right of privacy,the subject of the right to the protection of personal data is clearer,the scope of the object and the content of the right are “new”,and the way to protect the right is more complete.As a representative of emerging rights,right to the protection of personal data has become a new benchmark upon the field of data protection legal system in the era of big data.General Data Protection Regulation and other supporting legal documents have become one of the legal paradigms that dominate the protection of personal data in the world.Meanwhile,the United States has also been exploring the path of personal data protection.Unlike the EU’s focus on the protection of individual rights,the United States prefers to focus on the free flow of personal data.The right of publicity as a property right and the right to information privacy which protects the moral interests in personality factors constitute the dual rights model of personal data protection in the United States.From the above,this paper intends to make a comparative analysis between the "Right to the Protection of Personal Data " model in the European Union and the "Right to Information Privacy + Right of Publicity " model in the United States.Through the comparative analysis of the different paths of personal data protection in the European Union and the United States,we will understand the right basis and relevant legal systems of personal data protection in EU and in the US,which can provide feasible suggestions for China’s personal information protection law.On the arguments of specific issues,this paper observes the study of "history" and "law",puts the concepts of personal data protection itself in the background of legal theory research,and demonstrates that how the "guarantee of rights" works in some specific cases.On the practical issues,this paper also introduces the personal data protection modes of EU and the US into localization personal information protection in China.On the basis of the differences in legal,cultural,political,economic,and technological development in different countries,the paper internalizes the foreign(EU and the US)regulations of personal data protection into China’s legislative plan of personal information protection.According to China’s 2020 legislative plan,a consensus has been reached on the enactment of the personal information protection law.Therefore,we must explore a legal protection mode of personal information that suits China’s national conditions as soon as possible,and actively strive for the right to speak in the formulation of international rules on personal data protection.This paper is divided into seven chapters:The first chapter briefly introduces the research object to be studied in this paper and defines the relevant concepts.The second chapter briefly summarizes the theory of the emerging right of personal data protection in the EU and the dual rights of personal data protection in the US from the legal history.The third chapter defines the attribute of right of personal data protection,right of information privacy and right to publicity.From the perspective of the right basis of personal data protection,"right of personal data protection" = "right of information privacy + right to publicity".Chapter 4,Chapter 5 and chapter 6 expound the specific contents of the personal data protection system under the "right of personal data protection" mode of the European Union and the "right of information privacy + right to publicity" mode of the United States,including the content of rights of personal data protection in EU and the US,the supervision mechanism and the scope of application of laws.Chapter 7 briefly summarizes the limitations and benefits of the EU mode and the US mode,and puts forward feasible suggestions for the personal information protection law which is planning to be enacted in China.