Journal of Northeastern University(Social Science) ›› 2020, Vol. 22 ›› Issue (5): 90-97.DOI: 10.15936/j.cnki.1008-3758.2020.05.012

• Law • Previous Articles     Next Articles

A Research on Consent Rules of Personal Information Transfer from the Perspective of Bankruptcy Law

GUO Dong-yang   

  1. (Koguan School of Law, Shanghai Jiaotong University, Shanghai 200030, China)
  • Received:2019-12-06 Revised:2019-12-06 Online:2020-09-25 Published:2020-09-17
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Abstract: In the context of the development of the digital economy, personal information has become an important asset for enterprises. When it comes to bankruptcy, there will inevitably be legal difficulties in how to dispose of personal information. The transfer of personal information should generally be subject to the consent of the subject of personal information. Explicit consent and implied consent rules should be adopted based on the classification of personal information. In the case of disagreement with the subject of personal information, a personal information privacy commissioner with the characteristics of a government function should intervene to conduct a comprehensive assessment of the transfer of personal information and submit a report. The court should make a judgment based on the report provided by the personal information privacy commissioner and determine whether or not to allow the transfer of personal information.

Key words: personal information transfer, consent rule, personal information privacy commissioner, protection of personal information, protection of creditors' interests

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