Information Privacy Protection in the New Chinese Civil Code: Priority or Replacement?

Abstract

The right to privacy has been developed through judicial practice and has evolved from “the protection of the right to reputation” to “privacy interest” then to “privacy right.” The Civil Code of the People’s Republic of China (2020) clarifies the right to information privacy and the right to personal information as two independent personality rights and establishes a privacy priority protection mechanism for private information in civil law. The comparative efficiency of the right to personal information may mean that the protection of the right to information privacy is weakened or even replaced by the right to personal information. The uncertainty and fragmentation of private information also creates a wide gray space for judicial decisions. The development from traditional privacy right to information privacy right and personal information right is generally positive and shows the active legal response to the protection of private information in multiple ways. However, clarifications and systematization are required to increase the effectiveness of such protections.

Key words： information privacy; right to personal information; civil law