Research On Constitutional Protection Of Personal Data Rights

In the era of big data,the asset and resource value of personal data is increasingly evident,and personal data infringement incidents are frequent.The government has gradually become an important data collector and user in addition to online platforms.Whether the existing legal right system can be applied to and adjusted for personal data rights,and how to achieve effective checks and constraints on the use of personal data by public power,are the main themes of this article.The research object of this article is the protection system of personal data rights.At present,the legal norms for the protection of personal data rights mainly refer to laws and regulations related to personal information protection.Although existing legislation does not explicitly stipulate "personal data rights," it can provide certain protection for personal data by strengthening the obligations of online platforms,expanding the protection objects of personal information,and exploring the attributes of personal data rights.In practice,a private law protection path has also been formed that focuses on personality rights,property rights,and platform protection.However,the path of private law protection based on civil rights faces challenges such as unclear legislative status,difficulty in resisting multiple infringement risks,and the lack of substantive equality in the protection of personal data rights.It can be said that there is tension between personal data rights as emerging rights and traditional civil rights protection systems.This article shifts the research perspective to the constitutional dimension.With the opening announcement of the Personal Information Protection Law of the People’s Republic of China,it is stipulated that "in accordance with the Constitution,this law is formulated",which should clarify the constitutional protection of personal data rights.The right to personal data as a constitutional right has legitimacy and feasibility.From the perspective of legitimacy,personal data rights,as constitutional rights,have the value of providing constitutional support for the protection system of personal data rights,resisting multiple infringement risks,and promoting substantive equality in the protection of personal data rights.Its feasibility is reflected in the "Human Rights Protection Clause," "Personal Dignity Clause," and "Freedom of Communication and Confidentiality Clause" in the Constitution,which can provide a normative basis for the right to personal data as a constitutional right,and its conceptual expression should adopt the "right to personal data protection".According to the analytical framework of "fundamental rights-national obligations" and the three-level theory of national obligations,the realization path of personal data rights as constitutional rights includes the following points: achieving national respect obligations by improving the process control mechanism and accountability mechanism of public government agencies handling personal data,and achieving national protection obligations by improving the legal system and public interest litigation system for protecting personal data rights By strengthening digital literacy education and inclusive policies for "digital vulnerable groups",we can achieve national payment obligations.