Personal information is a vital productive commodity in the digital economy, and its processing has seen unparalleled transformations in both breadth and depth. This article proposes to enhance the legal remedies for personal information rights in contemporary China. Research has revealed multiple practical challenges in China’s judicial practices, such as hesitance to prosecute owing to an absence of substantial legal foundation, improper distribution of the burden of proof, and inadequate integration of criminal-civil judicial safeguards for personal information. This paper advocates for China to elucidate the definition of personal information rights via legislation, enable the litigation of personal information infringement cases, and establish explicit criteria for their acceptance into judicial proceedings. Furthermore, China must develop an appropriate structure for distributing the burden of evidence. It must also use discretionary judgment to properly tackle the problems related to evaluating damages in instances of personal information violations.
The explosion of information technology, besides its positive aspects, has raised many issues related to personal information and personal data in the network environment. Because children are vulnerable to abuse, fraud and exploitation, protecting children’s personal information and personal data is always of concern to many countries. From the concept and characteristics of personal information and personal data of children in Europe, the United States and Vietnam, it can be seen that children’s personal information and personal data protection is very necessary in every country today. This research focuses on the age considered a child, the child’s consent and his or her parental consent when providing and processing personal information or personal data of children under the laws of the EU, US and Vietnam. Therefore, the article proposes some recommendations related to the child’s consent and his or her parental consent in protecting children’s personal data in Vietnam.
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