Journal of Northeastern University(Social Science) ›› 2017, Vol. 19 ›› Issue (2): 187-194.DOI: 10.15936/j.cnki.1008-3758.2017.02.012

• Law • Previous Articles     Next Articles

Restrictions from Privacy Rights in Database Development and Application

LI Yan-shun1,2   

  1. (1. Kenneth Wang School of Law, Soochow University, Suzhou 215021, China; 2. Law School, Henan University of Science and Technology, Louyang 471023, China)
  • Received:2016-09-07 Revised:2016-09-07 Online:2017-03-25 Published:2017-03-24
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Abstract: There are two types of rights for those databases that take personal data as their direct object, i.e., database rights and data subjects' rights. To the former, its core is property interests, and to the latter, its core is human dignity and personality interests. These two kinds of rights are always conflicting in database development and application, represented by such cases that personal sensitive data are illegally collected and utilized, and citizens are surrounded and monitored by ubiquitous data. However, modern civilization is moving towards respecting and protecting privacy rights; accordingly, data integration and data mining cannot be achieved by sacrificing personal privacy rights. Database development and application should respect the fundamental privacy rights of data subjects, and relevant protection laws should be set from such aspects as data classification, data processing behavior and data controllers' responsibility.

Key words: database, privacy right, right of informed consent, right to be forgotten, database controller's responsibility

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