Journal of Northeastern University(Social Science) ›› 2024, Vol. 26 ›› Issue (1): 108-117.DOI: 10.15936/j.cnki.1008-3758.2024.01.012

• Law • Previous Articles     Next Articles

The Conflict Between Blockchain Technology and Personal Information Rights and Its Dissolution

TONG Yunfeng1,2   

  1. (1. Law School, Southeast University, Nanjing 211189, China; 2. China Institute of Strategic Rule of Law, East China University of Political Science and Law, Shanghai 201620, China)
  • Published:2024-01-30
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Abstract: The new personal information rights, such as the right to correct, the right to be forgotten and the right to carry data, may violate the basic principles of personal information such as data minimization, and lead to the compliance problems of blockchain technology, which directly restricts the development and innovation of blockchain technology. In order to find a compatible solution between blockchain technology and personal information rights, the existing research ideas in the academic circle mostly belong to the blockchain transformation theory of revising the core technology advantages of blockchain to adapt to the lagging legal rules, which will obscure the trust foundation and technical advantages of blockchain. We should change our thinking and choose the legal adaptation theory. The most thorough solution is to reform the legal rules of personal information and construct a block chain exemption mechanism. To promote moderate compatibility between blockchain and personal information rights, a relatively mild solution is to use teleological interpretation theory to soften the interpretation of the right to be forgotten, expand the interpretation of anonymous data, and reinterpret disclosure and consent before the legal reform.

Key words: blockchain technology; personal information rights; the right to be forgotten; the right to carry

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