Research On The Relationship Between Right To Data Protection And Right To Privacy In China

With the advent of the Internet era,it is asserted that the increasing transparency of information will gradually make the right to privacy disappear.However.throughout the thousands of years of human development,the right to privacy is impossible to end.It just sends a signal to warn human beings take measures to prevent this result.In the information age,almost all of our activities are recorded,facing the risk of being exposed to the world.If we lose control of personal information,we will gradually have a social fear.In order to protect the right of expression and freedom of communication,the law of protection of personal information should be strengthened.The security of personal information should be the primary purpose of personal information protection,which coincides with the purpose of privacy protection,followed by the use of personal information as a resource,personal information and privacy,one is recognizable and one is secret,so that there is a saying in the academic world that the two are inclusive or juxtaposed,but the relationship between personal information rights and privacy should be a competing relationship.There is a competing relationship between the two in terms of subject,object,power and damage consequences.Competitive partnership not only considers the adaptation of object and right,respects the commonality of values,but also solves the legal application of personal sensitive information.Legislation stipulates that the establishment of privacy infringement is higher than the right of personal information,in order to achieve balance,law enforcement and judicial should also give priority to the protection of privacy.This article is divided into six parts.In the first part,the concepts and characteristics of personal information right and privacy rights are sorted out.Privacy is mainly private,personal information is mainly recognizable.It also reveals the personal information right and privacy right in social interaction.The essence of"information",studying the relationship between the two lies in re-understanding the two and strengthening the implementation of personal information right.The second part mainly introduces the legislation and theory of personal information right in the United States and Germany.From the perspective of protecting freedom,the United States has formed a legislative pattern of large privacy rights.Germany is a representative of the civil law system and a member of the European Union,the legislation on personal information right is highly representative.We should maintain a rigorous attitude in drawing on some foreign legislative models,pay attention to the measurement of personal dignity and personal freedom value,and we should also see that neither the American model nor the German model completely separates personal information from privacy,so there is a certain reference significance in dealing with the competition and cooperation between the two.The third part sorts out the privacy right and personal information right from the legislation and analyzes the shortcomings.The shortcomings are mainly the lack of legislation,and the relationship between the two should be responded to in the legislation.The fourth part summarizes the three kinds of relationships between the right of personal information and the right of privacy in China's academic circles,including the inclusion relationship,the parallel relationship and the competition and cooperation relationship,and then analyzes the multiple relationships from the international and domestic aspects.The reason for the dispute over the relationship between the two rights is mainly the separation between theory,legislation and practice.The fifth part analyzes the advantages and disadvantages of the inclusion relationship and the parallel relationship.From the objective fact that personal information and privacy overlap,it is proposed that the right of personal information and privacy should be a competitive relationship at present.The rationality is to respect the coincidence of the rights object,Which also helps to determine the scope of protection of privacy and personal information right.The sixth part analyzes to implement and realize the competitive relationship from three aspects of legislation,law enforcement and judicial,enterprises and individuals.The first is to clarify the competitive relationship between personal information right and privacy,the second is to establish the concept of priority protection of privacy.