Work

Securing privacy in the digital age: The quest for judicial protection of personal information

Year: 2024

Type: article

Abstract: Personal information is a vital productive commodity in the digital economy, and its processing has seen unparalleled transformations in both breadth and depth. This article proposes to enhance the legal remedies for personal information rights in contemporary China. Research has revealed multiple practical challenges in China’s judicial practices, such as hesitance to prosecute owing to an absence of substantial legal foundation, improper distribution of the burden of proof, and inadequate integration of criminal-civil judicial safeguards for personal information. This paper advocates for China to elucidate the definition of personal information rights via legislation, enable the litigation of personal information infringement cases, and establish explicit criteria for their acceptance into judicial proceedings. Furthermore, China must develop an appropriate structure for distributing the burden of evidence. It must also use discretionary judgment to properly tackle the problems related to evaluating damages in instances of personal information violations.

Source: Journal of Infrastructure Policy and Development

DOI: 10.24294/jipd.v8i12.9253

Authors: Zhihua Chen, Ruiyu Geng, Zhenglin Jia, Hanbin Wang, Fangzhou Hu, Qianyi Cai

Institutions: Wuhan University, Universität Hamburg, UNSW Sydney

Language: English

Topic: Digitalization, Law, and Regulation

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

Funders: China Scholarship Council, National Office for Philosophy and Social Sciences, National Social Science Fund Youth Project