The Systematic Construction and Practical Challenges of Personal Information Protection Rules in the Era of Civil Code

Juan Xi

GBP Proceedings Series, 2025, vol. 8, 108-113

Abstract: In the context of the rapid development of digital society and the exponential growth of data-driven technologies, the collection, processing, and utilization of personal information have become increasingly pervasive and complex. This trend presents unprecedented challenges to the protection of the rights of information subjects, particularly in ensuring privacy, data security, and informed consent. The recent inclusion of personal information within the Personality Rights section of the Civil Code represents a landmark advancement for China's legal framework, formally recognizing the legal status of personal information rights and integrating them within broader human dignity protections. Nevertheless, as technological innovation continues to accelerate - spanning artificial intelligence, big data analytics, and cross-border data flows - traditional legal frameworks face considerable difficulties in addressing emerging forms of information infringement and data misuse. Practical challenges such as evidentiary burdens, identifying liability, and enforcing compliance in judicial and administrative processes further limit the effectiveness of personal information protection. Moreover, rapid technological developments demand that legal systems strike a balance between safeguarding individual rights and fostering innovation. Therefore, it is critical to construct a comprehensive legal environment that not only enforces robust personal information protection but also encourages interdisciplinary collaboration among legal authorities, technical experts, and social stakeholders. This approach will enhance regulatory adaptability, promote responsible data governance, and ultimately strengthen the protection of personal information rights in the digital era.

Keywords: civil code; personality right; personal information protection; technical risk; legal liability (search for similar items in EconPapers)
Date: 2025
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