I. Introduction

As the digitalization of our everyday life unfolds, people’s daily activities having an interface with the Internet and the Internet of Things have been generating a myriad of personal data in a fast, hidden, and even undetectable manner. Data has increasingly become omnipresent. In such a context, the economic and strategic value of personal data has been widely recognized in the modern society. Safeguarding our personal data has become increasingly important for each and every person, with the contestations concerned over the proper standards of protection stirring growing heat among policymakers, business actors, interest groups, and various stakeholders alike.

For the first time, the newly enacted Civil Code of the People’s Republic of China (the “Civil Code”) has established a legal basis for personal information protection as a matter of private law. By this virtue, China has set forth a private law framework governing the protection of personal information. Focused on the notion of personal information protection under the Civil Code, this contribution proceeds in the following parts.

Part II identifies three prominent characteristics of Chinese legislations regulating personal information protection prior to the Civil Code, suggesting the limitations of this sectoral approach. Notably, the Civil Code has substantially changed this status quo ante through establishing the individual right to personal information protection on a standalone basis. Part III reviews the normative content of personal information protection under the Civil Code. First, under the Civil Code, personal information protection is not a legitimate interest protected by the law, but rather an independent, specific personality right. This means that the legal protection for an individual’s personal information is more robust and comprehensive than otherwise. Second, the Civil Code draws a distinction between the right to privacy and personal information protection, albeit recognizing the possible overlap between them with respect to “private information”. Part IV discusses the significance and limitations of this newly established private right under the Civil Code. Part V draws concluding remarks.