????□ Legal Daily reporter Zhu Ningning
????Following its first public appearance in August last year, the draft of personality rights of the Civil Code was submitted to the National People’s Congress Standing Committee (NPCSC) for deliberation again today.
????The independent compilation of personality rights can be said to be one of the biggest highlights of the compilation of the civil code, and the attention of all parties has always been high. Compared with the first draft, the second draft reflects the distinct times, responds to the challenges brought about by the development of new technologies that are generally concerned by all sectors of society, and legally stipulates the medical and scientific research of human genes and human embryos for the first time.
????At the same time, the second draft has further improved the protection of personal information, especially the protection of personal information of minors.
??? Apply the protection of personality right to the reference of identity right.
????The identity rights of natural persons arising from marriage and family relations are similar to the protection of personality rights. Therefore, some law teaching and research institutions and the public put forward that the protection of these identity rights should refer to the relevant provisions on the protection of personality rights in addition to the provisions on marriage and family.
????In view of this, the second draft adds a provision in the first chapter "General Provisions": the protection of identity rights of natural persons arising from marriage and family relations shall refer to the relevant provisions on the protection of personality rights in this book.
??? Strictly regulate medical clinical trial activities.
????Article 789 of the first draft stipulates the requirements for relevant scientific research institutions to conduct human trials for the development of new drugs or new treatments. In this regard, it has been suggested that the development of human experimental activities involving the protection of personality rights must be strictly regulated to protect the life safety and health of the subjects.
????The second draft adopted the above opinions and made the following amendments: First, the normative scope of such activities was expanded to all activities "for developing new drugs, medical devices or new prevention and treatment methods". The second is to increase regulations, and to carry out such activities, in addition to the approval of the competent department, it should also obtain the examination and approval of the ethics Committee. The third is to delete the stipulation that it is forbidden to pay any form of remuneration to the subjects, but necessary compensation can be given.
??? Standardize scientific research activities such as human genetic embryos.
????Some places, law teaching and research institutions and the public have suggested that carrying out medical and scientific research related to human genes and human embryos may bring risks to human life, health and safety and ethics, and strict legal norms are necessary.
????The second draft adds a provision in Chapter II "Right to Life, Body and Health": Those who engage in medical and scientific research activities related to human genes and human embryos shall abide by laws, administrative regulations and relevant state regulations, and shall not endanger human health or violate ethics.
??? Delete the provision that minors change their surnames after divorce.
????Article 795 of the first draft stipulates that if a minor’s parents divorce, the party who lives with the minor may change the minor’s surname to his own, unless the other party has justified reasons to object.
????In this regard, some members of the Standing Committee, local and legal teaching and research institutions have suggested that the original intention of this provision is to provide a legal basis for solving such cases in practice, but explicitly giving the right to unilaterally change the surname of minors may lead to family conflicts. The second draft adopted this opinion and deleted this article.
??? It is forbidden to use information technology to infringe on portrait rights.
????Some departments have suggested that the use of information technology to "deeply forge" other people’s portraits and voices not only infringes on the personal rights and interests of natural persons, but also may have a bad social impact and endanger national security and social public interests. It is suggested that the law should respond to the "face-changing" and other issues brought about by deep forgery technology.
????Accordingly, the second review draft adds a provision that no organization or individual may infringe on the portrait rights of others by means of forgery by means of information technology. At the same time, article 803 of the first draft is amended as: the licensing of other personality rights and the protection of natural person’s voice shall be governed by the relevant provisions of this chapter.
??? Stipulate that right to ask the media for correction or deletion.
????Some departments and law teaching and research institutions suggest that in order to stop the infringement in time and reduce the damage to the victims’ rights and interests, it is suggested to learn from the relevant provisions of the Regulations on the Administration of Publishing and give the victims the right to ask the media to correct and delete the false reports in time.
????The second draft adopted this opinion and added a provision in Chapter V "Right of Reputation and Honor" of the draft: If the contents reported by newspapers, internet and other media are inaccurate and infringe on the reputation right of others, the victim has the right to request the media to correct or delete it in time. If the media fails to perform in time, the victim has the right to request the people’s court to order the media to correct or delete it within a time limit.
??? Strengthen the protection of personal information of minors
????Chapter 6 of the first draft stipulates the protection of personal information.
????Some law teaching and research institutions and the public suggest that the protection of personal information of minors should be strengthened, and such information should not be collected and used without the consent of guardians. According to this, the second draft adds provisions to clarify that the collection and use of personal information of minors and other persons with no or limited capacity for civil conduct shall be subject to the consent of their guardians, except as otherwise provided by laws and administrative regulations.
????In addition, there are also legal teaching and research institutions and the public who suggest that the state organs and their staff should clearly stipulate the confidentiality obligations of personal information they know in the course of performing their duties. In the second draft, a provision was added to this chapter: state organs and their staff members shall keep confidential the privacy and personal information of natural persons they know in the course of performing their duties, and shall not disclose or illegally provide it to others. Legal Daily Beijing April 20th