While new legislation introduces the right to one’s personal information and specifies data protection, the definition and scope of lawful uses remains uncertain.

Key Points:

..A personal information right is recognized as a civil law right and thus creates a private right for tort action.

..Data are considered a type of “intangible” property, but separate from intellectual property like trade secrets, copyright and patents.

..The best way to understand the scope of the term is to compare the new General Provisions to other recent legislation including the Network Security Law.