The nation's first draft civil code has made legislative history by
giving unprecedented priority to protecting the privacy of
individuals.
The draft defines privacy as private information, activities and
space. It bans people from infringing on others' privacy by
watching them, tapping their phone or disclosing their personal
information.
"It is a major move towards the protection of human rights," said
Wang Liming, a civil law professor with the Law School of Renmin
University of China.
Wang helped the legislative body that drafted the civil code.
He
said the new provisions expanded the definition of privacy from the
existing understanding, which focuses on personal secrets.
Many cases of privacy infringement which involve harassment,
following others and disturbing their peace and quiet have shown
that privacy is far more than that, Wang said.
Wang said the protection of privacy had become a civil law priority
worldwide, with many countries introducing legislation to better
safeguard privacy.
The boom in modern science and technology - and the Internet in
particular - posed a great threat to individual privacy, he
said.
The emergence of new tools such as pinhole cameras and high-powered
telescopes have also resulted in new intrusions on people's
privacy.
The right to privacy is written into the section on personal rights
in the civil code.
The draft civil code is unique because it devotes a whole volume to
personal rights, said Wang Shengming, director of the Civil
Legislation Office with the Legal Affairs Commission under the
Standing Committee of the National People's Congress.
Wang's commission is responsible for devising the draft civil
code.
"It reflects the international trend since the 1960s that has
increasingly recognized the value of individuals in social and
economic life ," he said.
The rapid development of intellectual property rights, most of
which are owned by individuals, has also highlighted the importance
of people's creativity in a knowledge-based society, Wang said.
"The value of human resources, compared with other forms of
resources, is the most precious without a doubt."
(China Daily December 24, 2002)