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        林钟千:中国私法上的个人信息权之研究——以民法总则的制定为中心
             【摘要】 China has enacted the General Provisions of the Civil Law as the first step for the compilation of the Civil Code in 2017, which is also important for the completion of the socialist legal system of China. In particular, the provision of personal information right in the General Provisions of the Civil Law will be an important opportunity for the protection and use of personal information.
         First, the clear provision of the personal information right can present the right direction to the enactment of the Personal Information Protection Act. Since there is no separate law on personal information protection, China separately regulates matters related to personal information through each several laws, decisions, and judicial interpretations. The common trend up to the present is that personal information processors are imposed strict obligations on the processing and management of personal information. It is expected that this will be reflected in the Personal Information Protection Act in the future. At this time, it is expected that the personal information right will play the role of milestones appropriately regulating the protection and use of personal information.
         Next, the establishment of personal information right under the private law will be a clear legal basis for the protection and use of personal information. The mainstream view of Chinese academic community identified personal information right as personality rights. And it has argued that personal information right should be established for the protection of the personality of the information subject and the consideration of the use of personal information. These efforts have led to the establishment of personal information right, and will also change the attitude of judicial precedent that protecting personal information right through the right of privacy.
         Finally, as it is certain that personal information right will be defined as a legal right in Civil Code of China in the future, it is also important to harmonize new rights objects including personal information right within civil law theory of the Continental legal system.
         
        文章来源: 韩国延世大学法学研究院《法学研究》(法学核心期刊)第28卷第2号(韩文)
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