The Systematic Construction Of The Content Of Data Subject’s Rights In China From The Perspective Of Sino-european Comparison

The protection of personal data is becoming more and more significant with the coming of the big data era.Individuals’ attention to personal data has gradually shifted from avoiding illegal disclosure to how to ensure that personal information can be used correctly.In this context,people have begun to realize the importance of establishing the right to data subject as a civil right.At the present,The European Union has established a three-dimensional and scientific system of data subject’s rights under the General Data Protection Regulation,which has been revised and completed after four years.However,at the same time,it is undeniable that the protection of personal data in China is lagging behind,besides,China is lack of a unified concept and a clear logic of the content system of data subject’s rights.The legislative and effectiveness of GDPR can obviously give light to the construction of the content of data subject’s rights system in China.For this purpose,this article tries to analyze the content of data subject’s rights between China and the EU in the way of Comparative law,in order to find out effective suggestions of constructing content system of data subject’s rights in China.In the first part,it mainly focus on several fundamental concepts related to the data subject’s rights.With the development of information technology,the connotation and extension of personal data and right are changing constantly.Therefore,this part starts from the concept of personal data and then it discusses the legal attribute of personal data and data subject’s rights.The discussion on the scientific construction of the content system of data subject’s rights are based on the above analysis in the following article.The second part of this paper analyzes the connotation and necessity of the systematization of the content of data subjects’ rights.Systematization is not only the study object of the full text,but also is the main methodology adopted in this article.From the perspective of systematization of right content,this paper discusses how to protect the right of personal information of citizens.The third part studies on the current situation of the data subject’s rights in the EU.GDPR has firstly constructed the right of personal data from an abstract legal term to a systematized legal right,and form a scientific order of the subject,object and content of rightas well as the relief and responsibility system.In order to have a better understanding of the EU experience,this part tries to discuss the EU data protection law in the same order.In the fourth part of the article,it carries on some comparative analysis to several key elements of the systematic construction of the content of data subject’s rights between China and the European Union.Then it is suggested there are some deficiencies in the legal circle of our country,such as the lack of consensus on the attribute and orientation of personal data and the right upon it,besides,the disorganization of the right content of data subject’s right and the lack of reasonable relief of the right also hindered the construction of the content system of data subject’s rights in China.The fifth part of this article gives suggestion on how can Chinese legislators construct the content of data subject’s rights in a systematic way.First of all,legislator should clarify the status value of the content system of data subject’s right,and it is suggested that the legislation of China Personal Information Protection Law should be based on the declaration of data subject’s right,besides,the personality attribute of personal data should be infiltrated into the process of the legislation.Secondly,classifying the types of data subject’s rights scientifically.However,under the current situation of the development of Internet enterprises and relevant rule of law in China,it is not appropriate to copy entire types of data subject’s right in the EU.It might be more possible for us to divided the right of personal data into two series.One is a positive system represented by right to access and the other is negative right system represented by right to deletion.Finally,in order to achieve the realization of the right of data subject,legislator should form a complete logical chain from the subject of right,the content of right to the duty and responsibility,that is to say,the system of relief right that guarantees the realization of the right of personal data should be improved in the construction of the content system of data subject’s rights in China.