The Civil Code incorporates an independent section of personality rights, covering stipulations on a person’s right to their life, body, health, name, image, reputation and privacy. How significant is this?
it shows the country is paying greater attention to protecting personal rights and dignity. The compilation of personality rights in a separate volume is a major development and innovation in democratic legislation and the civil code. It will help deepen the legal protection of personal dignity and individual rights,
In the past, property relations and personal relations were regulated by the civil law. Over the past 30 years, Chinese society has been attaching more and more importance to the right of personality, and everyone is living with more and more dignity. China has concentrated on the compilation of ‘personality rights’ and placed special emphasis on the right of personality in the civil code of the 21st century, so as to give top priority to the protection of the interests of personality.
In the information age, personal information leakage, Internet violence, Internet rumors and other situations have caused serious threats and infringements to citizens’ rights of personality. In the draft civil code, the right of personality is separately compiled, which fully responds to various challenges in the protection of the right of personality in the Internet information age.
Because there are laws to follow, the scope of legal protection of personality rights is wider, and law enforcement will be intensified.
In the past, there were some provisions in the cyber security law on cyber security and personal information disclosure, but they were not as detailed as those in the current draft civil code. The civil code will provide legal basis for court decisions, such as sending spam messages or spam emails. In the past, the court may not accept it as a lawsuit, but now the civil code stipulates that it is an intrusion into the peace of an individual’s life and a violation of privacy.
Personality right is not static in reality, and in some cases there will be interest disputes derived.
Take portrait right as an example. At present, AI face exchange is quite popular. According to the interpretation of the draft civil code, using information technology means to “spoof face exchange” and forged others’ voices to combine false content is a violation of portrait right and voice right.
“Changing faces using AI technology without consent is now clearly defined as an infringement.
Under the background of big data, the right of personality is written into the law to protect people’s privacy from being infringed.