Author
Prof Aifen Xing
Organisation/Institution
Beijing Normal University, Law School
Country
CHINA
Panel
Human Rights
Title
Research on the privacy protection system of Human rights Conventions and its implications for China
Abstract
The concept of "privacy" has strong regional characteristics. There are differences in the connotation of privacy and privacy in different international human rights conventions, and the privacy protection system has its own characteristics. The protection of privacy in the European Convention on Human Rights is closely related to the dignity of the individual, and its core connotation is respect for the inner autonomy of the human being. The American Convention on Human Rights also considers the right to privacy as a right of freedom in the private sphere, but attaches equal importance to freedom of expression and freedom of the press, and therefore may prefer to protect the latter between the right to privacy and the right to freedom. In addition, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights do not give individuals the right to Sue, which also leads to the limited effectiveness of human rights conventions to remedy individuals' right to privacy. In addition, the definition and protection of the right to privacy in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights are also distinctive. China has adopted laws to effectively protect the right to privacy. The next step should be to clarify the scope of the right to privacy, specify the access and use modes of different levels of privacy information, and provide prior guidance and subsequent relief by clarifying the obligations of data managers.
Biography
Aifen XING,Female,Professor of International Law, Law School of Beijing Normal University (BNU). Ph.D, Renmin University of China (RUC), 2005; Master of Law, Institute of Law and Politics, BNU, 1989; Bachelor of Law, Renmin University of China (RUC), 1985. Senior Fulbright Visiting Scholar, at Law School, University of Pennsylvania (UPENN), U.S.A, 2007-08; Senior Visiting Scholar, in Pritzker School of Law, Northwestern University, USA,2020; Senior Visiting Scholar, at University of Birmingham, UK, 2001, Funded by EU-China Higher Education Cooperation Program. Main Research areas include International Law, International Human Rights Law, International Relations. Working Experience is as follow: Professor of international law, BNU, 2009 to date; Associate professor of international law, BNU, 2000-09; Lecturer of international politics, BNU, 1990-2000; Teaching assistant of international politics, BNU, 1987-1989. Academic Affiliation is: Council member of Beijing International Law Society. Council member of Beijing Society on International Politics. Academic Activities include: attended the 12th World Peace Forum in Beijing in July 2024; attended the Second U.S.-China Dialogue on Justice and Human Rights and gave a presentation, in Xiamen, China, 2010; and attended many other important activities. Presided over more than 20 research projects which funded by national and provincial research institutions. Published 5 monographs and more than 100 theses in Chinese and English in China and abroad. Recent publications include: Aifen XING & Peter Preston, China and Europe Relations in the Twenty-First Century, Routledge, Jan, 2024.