A Study on the Nature of Rights and Protection of Social Media Application Personal Data

• Main Authors: LIU, XIAO-RAN, 劉翛然
• Other Authors: HUANG, XIN-YI
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/948n5v

碩士 === 東吳大學 === 法律學系 === 106 === With the arrival of the digital age and the rapid development of information technology, there has been growing attention worldwide on both how to reasonably collect and use personal data, and how to ensure personal control over personal data. The interactive services provided by the social media network, whether for users to share feelings or information, have become an indispensable platform for users to interact with others in contemporary society. In such a highly "Digitalized" and "Informative" environment, the possibility and seriousness of the infringement of personal data greatly increases as well. Also, in the near future, collection, process, and usage of personal data will become unique assets and energy sources. Further, personal data not only contain personal privacy but also come with economic value that can be considered as one's possession. However, it is difficult for current laws and regulations to well balance the risks and benefits of the protections of personal data. Thus, this article defined personal data, discussed academic prevalent theories, compared and analyzed the differences between personal data and existing types of property rights, and finally, proposed certain suggestions regarding personal data protection. There are seven chapters in this thesis. Chapter one is the introduction. Chapter two collected the definitions of personal data and explained differences between personal data and personal information. Chapter three briefed some theories of protecting personal data, and compared their differences. Chapter four analyzed the similarities and differences of the right of social network personal data among property rights, obligatory rights, and intellectual property rights. Chapter five enumerated, explained and compared the rules protecting social network personal data between Taiwan, China, and European Union. Chapter six collected the disputes on inheriting personal social network account in the United States over the past decade, and analyzed the difficulties confronted by the parties and the courts. Chapter seven provided conclusion and recommendations, which summarized the results discussed in the previous six chapters, and purposed certain specific recommendations.