Constitutional Basis for the Protection of Personal Information

Abstract

The construction of a legal system for the protection of personal information is a key point to be considered in the era of big data. In China, with the promulgation and implementation of the Civil Code, the Network Security Law, the Data Security Law and the Personal Information Protection Law, academics have discussed the rights and obligations of relevant subjects in the handling of personal information from different perspectives. This article argues that the constitutional basis of personal information protection is the state’s obligation to protect. With the advent of the information age, this obligation extends to the protection of the rights and interests related to personal information. The State’s obligation to protect personal information corresponds to the basic right of the “right to protection of personal information”, which is the value basis and constitutional foundation for the State to fulfill its obligation to protect. The “right to protection of personal information” emphasizes the State’s obligation to protect and its implementation, which is more conducive to the realization of the goal of personal information protection.