Checks and Balances in Enterprises’ Use of Personal Data

Xiaolan Yu

doi:doi:10.11648/j.ijls.20220502.18

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Checks and Balances in Enterprises’ Use of Personal Data

Xiaolan Yu

Published in International Journal of Law and Society (Volume 5, Issue 2)

Received: 1 June 2022 Accepted: Published: 9 June 2022

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Abstract

When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.

Published in	International Journal of Law and Society (Volume 5, Issue 2)
DOI	10.11648/j.ijls.20220502.18
Page(s)	203-210
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Rights and Interests, Personal Data, Public Interest

References

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[2]	[US] John Rawls, translated by He Huaihong, He Baogang, and Liao Shenbai: A Theory of Justice. China Social Sciences Press, 2019: 516.
[3]	Guo, Sujian. (2020). Conceptualization and Measurement of Global Justice. Exploration and Free Views 1, no. 5, 46-63.
[4]	Wang, Liming. (2014). Hierarchy of Interests in Civil Law and Considerations. The Jurist, No. 1.
[5]	Yu, Xiaolan, Liu, Daoyun. (2011) The Limits of Protection of Personality Rights in China. Oriental Law, No. 3.
[6]	Yu, Xiaolan. (2018). Construction of Information Deletion Right from the Perspective of Civil Code Compilation. Political Science and Law, No. 4.
[7]	Yu, Xiaolan. (2021). The three legal dimensions of China’s big data governance. Journal of Chinese Governance. doi: 10.1080/23812346.2021.1988267.
[8]	Stevens, Tim. (2018). Cyberweapons: Power and the Governance of the Invisible. International Politics, 55 (3-4), 487.
[9]	Lnenicka, Martin, and Jitka Komarkova. (2019). Developing a Government Enterprise Architecture Framework to Support the Requirements of Big and Open Linked Data with the Use of Cloud Computing. International Journal of Information Management. (46), 124-141.
[10]	Gao, Xiang, and Yu, Jianxing. (2020). Public Governance Mechanism in the Prevention and Control of the COVID-19: Information, Decision-Making and Execution. Journal of Chinese Governance, 5 (2), 178-197. doi: 10.1080/23812346.2020.1744922.
[11]	Gardner, John. (2017). Dagan and Dorfman on the Value of Private Law. Columbia Law Review, 117 (6).
[12]	Wang D. (2018). Development of Principle of Public Order and Good Custom in Tort Law. Law Review, 99-112.
[13]	Beal, Michael J. (1988) In the Interest of Fairness and Justice: The Right to Indemnity and Contribution among Sellers in Strict Liability Cases. UMKC Law Review, 56 (4).
[14]	[Ancient Greece] Aristotle, translated by Wu Shoupeng: The Politics of Aristotle. The Commercial Press, 1965: 312.
[15]	Yu, Xiaolan, and Yun Zhao. (2019) Dualism in Data Protection: Balancing the Right to Personal Data and the Data Property Right. Computer Law & Security Review: The International Journal of Technology Law and Practice. https:// doi.org/10.1016/j.clsr.04.001.

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APA Style

Xiaolan Yu. (2022). Checks and Balances in Enterprises’ Use of Personal Data. International Journal of Law and Society, 5(2), 203-210. https://doi.org/10.11648/j.ijls.20220502.18

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ACS Style

Xiaolan Yu. Checks and Balances in Enterprises’ Use of Personal Data. Int. J. Law Soc. 2022, 5(2), 203-210. doi: 10.11648/j.ijls.20220502.18

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AMA Style

Xiaolan Yu. Checks and Balances in Enterprises’ Use of Personal Data. Int J Law Soc. 2022;5(2):203-210. doi: 10.11648/j.ijls.20220502.18

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@article{10.11648/j.ijls.20220502.18,
  author = {Xiaolan Yu},
  title = {Checks and Balances in Enterprises’ Use of Personal Data},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {2},
  pages = {203-210},
  doi = {10.11648/j.ijls.20220502.18},
  url = {https://doi.org/10.11648/j.ijls.20220502.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.18},
  abstract = {When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.},
 year = {2022}
}

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TY  - JOUR
T1  - Checks and Balances in Enterprises’ Use of Personal Data
AU  - Xiaolan Yu
Y1  - 2022/06/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220502.18
DO  - 10.11648/j.ijls.20220502.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 203
EP  - 210
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220502.18
AB  - When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.
VL  - 5
IS  - 2
ER  -

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Author Information

Xiaolan Yu

School of Law, Anhui Normal University, Wuhu City, China

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APA Style

Xiaolan Yu. (2022). Checks and Balances in Enterprises’ Use of Personal Data. International Journal of Law and Society, 5(2), 203-210. https://doi.org/10.11648/j.ijls.20220502.18

Copy | Download

ACS Style

Xiaolan Yu. Checks and Balances in Enterprises’ Use of Personal Data. Int. J. Law Soc. 2022, 5(2), 203-210. doi: 10.11648/j.ijls.20220502.18

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AMA Style

Xiaolan Yu. Checks and Balances in Enterprises’ Use of Personal Data. Int J Law Soc. 2022;5(2):203-210. doi: 10.11648/j.ijls.20220502.18

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@article{10.11648/j.ijls.20220502.18,
  author = {Xiaolan Yu},
  title = {Checks and Balances in Enterprises’ Use of Personal Data},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {2},
  pages = {203-210},
  doi = {10.11648/j.ijls.20220502.18},
  url = {https://doi.org/10.11648/j.ijls.20220502.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.18},
  abstract = {When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.},
 year = {2022}
}

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TY  - JOUR
T1  - Checks and Balances in Enterprises’ Use of Personal Data
AU  - Xiaolan Yu
Y1  - 2022/06/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220502.18
DO  - 10.11648/j.ijls.20220502.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 203
EP  - 210
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220502.18
AB  - When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.
VL  - 5
IS  - 2
ER  -

Copy | Download