Connotation, Logic and Systemic Construction of Personal Information Rights

The "rights" argument surrounding the right of personal information presents a complex aspect because of the ambiguity in the cognition of the structure of legal rights. The rights of personal information originate from the constitution and manifests as the "right to protect personal information" under the basic rights, which has the dual nature of subjective rights and objective law; when extends to the field of private law, it manifests itself as the rights of personal information. The relevant clauses of "rights" in objective law are often used as tools rather than ends which should be distinguished from subjective rights, and understood and applied in conjunction with the overall legal order. The fourth chapter of China's Personal Information Protection Law should be interpreted as a procedural right clause in conjunction with legislative purposes, and should be limited to personal information processing activities and processing relations to achieve a balance of multi-party interests. There is room for the objective law clauses of "the right to know and the right to make decisions" to be further interpreted and, developed after the smelting of tort law.