Whether right to privacy rules or personal information protection rules apply to private in-formation is highly controversial in academic circles,and there are also different approaches in practice.The distinction protection model between private information and sensitive personal information,the con-currence rule protection model,and the aggregation rule protection model all have flaws that are difficult to overcome.At a time when the theory and practice of commercialization of personality factors are de-veloping simultaneously,the existing protection model should be reflected on and a new private informa-tion protection model that separates personality interests and property interests should be established.The practical motivations and reference paradigms for the legalization of this protection model can be combined,and the specific path for its legalization can be constructed on the basis of Article 1034,Para-graph 3 of the Civil Code to complete the reconstruction of the private information protection model.Right to privacy rules apply to the privacy of private but non-sensitive private information.Personal in-formation protection rules apply to sensitive but not private personal information.Right to privacy rules apply to personality interests of personal information that are both private and sensitive,and personal in-formation protection rules apply to property interests of this private information.If the processing of pri-vate information infringes upon personality interests and property interests at the same time,both rules shall apply.If there are no provisions for private information,personal information protection rules shall apply.
Private Information Protection ModeDichotomous Protection ModePersonality Fac-tor Commercialization TheoryRight to Use
万方数据
维普
