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), 2022. Published by Science Publishing Group |
Rights and Interests, Personal Data, Public Interest
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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
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
@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} }
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 -