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Ding Xiaodong- A Multidimensional Interpretation of the Integration of Public and Private Laws for the Protection of Personal Information

time:2023-07-27

Author Bio: Ding Xiaodong is a professor and doctoral supervisor at the School of Law of Renmin University of China, and deputy director of the Future Rule of Law Institute.

Abstract: The personal information protection system is characterized by the integration of public and private laws at multiple levels. Its legal sources include both the Constitution and the Civil Law; its adjusting relationship is a continuous unequal treatment relationship; its protection group includes both individuals and groups; its protection benefits have both public and private interests; its notification and consent system has the surface characteristics of a contract, but it is fundamentally different from a contract; its damage remedies need to deal with the large-scale, miniature, and uncertainty of the harm, which is very different from the breach of contract and the remedy of tort; and its regulation adopts the cooperative governance mode; its regulation adopts the cooperative governance mode; and it is very different from the breach of contract and the remedy of tort. Its regulation adopts a cooperative governance model, with many measures falling somewhere between government regulation and self-regulation. Public-private law itself is an artificial imaginary, and its binary division is not historically inevitable. From the perspective of public-private law integration, it is not only conducive to deepening the study of personal information protection law, but also provides a new institutional imagination for the traditional public law and private law.