On June 26, 2020, the eighth lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Mei Xiaying, Dean of the Law School of the University of Foreign Economics and Trade and Executive Director of the Civil Law Research Institute of China Law Society, gave the eighth lecture on the theme of “The Civil Code and the Legal Issues of Information Data”. The lecture was moderated by Prof. Zhang Suhua of Wuhan University School of Law.

Prof. Mei made an explanation from the four aspects of “The Civil Code’s Response to Information Network”, “The Theoretical Interpretation of information Data Specifications involved in the Civil Code”, “Theoretical Premise of Information Data Legislation” and “The Value Objectives and Legislative Characteristics of Information Data Law”.

The first part is “The Civil Code’s Response to Information Network”. First, Personality Right Part of the Civil Code provides for the right to privacy and personal information protection. Second, Article 127 of the General Provisions Part proclaims the existence of data and virtual property. Third, Articles 491 and 512 of the Contracts Part provide for the relevant rules for electronic transactions. Fourth, articles 1194 to 1197 of the Tort Liability Part improve the network tort liability, and add anti-notification rules. Prof. Mei deemed that the Civil Code only selectively responds to the real needs but the response is scattered and not comprehensive.

The second part is “The Theoretical Interpretation of information Data Specifications involved in the Civil Code”. First, the protection of personal information. It is not sufficient for the Civil Code to protect personal information as an element of personality or as a private right. Second, the protection of data or virtual property. Data and virtual property cannot be protected as private rights. Third, the problem of network infringement. The provisions of the Civil Code only involve the infringement of intellectual property rights or personality rights by means of the Internet. Fourth, the issue of electronic transactions. At present, electronic transactions can still partially apply the provisions of contract law, but they will develop along their own logical path.

The third part is “Theoretical Premise of Information Data Legislation”. Prof. Mei held that the current legal aspects of information data arise from data, algorithms and platforms, and proposed to establish a constructive theoretical distinction, as the distinction between data and information, data privacy and data property, instrumentality of data and nature of data, public data and exclusive data.

The fourth part is “The Value Objectives and Legislative Characteristics of Information Data Law”. Professor Mei held that the value goal of information data law actually has a certain degree of public law color. The construction of information data legal system consists of two aspects: balance of data sharing and control, and integration of public law and private law.

Prof. Zhang thanked Prof. Mei for her wonderful speech, considered that Prof. Mei has comprehensively combed the controversial issues related to the data law, and agreed with Prof. Mei that data dialogue should be based on a common theory.

Prof. Zhang Shanbin thanked Prof. Mei for her support and asked four questions on the protection of data information. First, which way is better, public law protection or private law protection? Second, does private law protect personal information in the mode of right protection or interest protection? Third, does the private law protection mode focus on the property interests or personality interests? Fourth, how to address the benefits distribution of data protection among a large number of participants?

Prof. Meng Qinguo also expressed his views. He believed that data protection should be set up in the Civil Code, and the concrete way should be based on the reform and modernization of the Civil Code

The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.