Analysis of the attributes of rights to inferred information and China's choice of legal regulation

Abstract

Researchers who study data collection, analysis, and use in the era of big data and algorithms are paying increased attention to inferred uses. The information inferred by an algorithm has distinct personality and property interests and challenges existing theories of personal information and privacy. However, a complete method of legal regulation for such information does not yet exist in China. This article focuses on how to recognize the nature of inferred information and how to carry out appropriate legal evaluation and regulation to better protect the legitimate rights and interests of relevant subjects in China. Based on China's social needs and judicial practice experience, the "contextual integrity" privacy theory developed by Professor Nissenbaum can be used to evaluate whether inferred information is infringed upon, and we believe that China is likely to adopt the US regulatory model.