Legal Logic and Institutional Construction of Personal Information Protection in the Digital Age
DOI:
https://doi.org/10.71222/n0hecw63Keywords:
legal logic, personal information protection, digital age, institutional construction, data governance, GDPR, privacy lawAbstract
This review paper explores the intersection of legal logic and institutional construction in the context of personal information protection in the digital age. The digital revolution has led to unprecedented collection, storage, and processing of personal data, raising significant privacy concerns. We analyze how legal logic, encompassing principles of interpretation, reasoning, and argumentation, shapes the design and enforcement of data protection laws. The paper then examines the institutional frameworks responsible for overseeing and implementing these laws, focusing on their effectiveness in safeguarding individual rights and promoting responsible data governance. We trace the historical development of legal approaches to privacy, from early common law protections to modern statutory frameworks like GDPR and CCPA. Core themes explored include the application of legal logic in defining key concepts such as ‘personal data,’ ‘consent,’ and ‘legitimate interest,’ and the challenges in adapting these concepts to evolving technologies. Furthermore, we investigate the role of institutions, including data protection authorities, courts, and regulatory bodies, in ensuring compliance and resolving disputes. A comparative analysis of different jurisdictions highlights the strengths and weaknesses of various legal and institutional models. Finally, the paper identifies emerging challenges, such as the rise of AI and big data, and proposes future directions for legal and institutional innovation to enhance personal information protection. This review synthesizes existing literature from law, computer science, and social science to provide a comprehensive understanding of the legal and institutional dimensions of personal information protection in the digital age.References
1. X. Zheng, “On the Constitutional Normative Logic of Data Rights Protection,” J. Hum. Rts., vol. 23, p. 1305, 2024.
2. C. J. Hoofnagle, B. Van Der Sloot, and F. Z. Borgesius, “The European Union general data protection regulation: what it is and what it means,” Information & Communications Technology Law, vol. 28, no. 1, pp. 65-98, 2019.
3. Y. Hong, “The institutional logic of security assessment of cross-border data transfers in China: Context and progress,” International Cybersecurity Law Review, vol. 1, no. 1, pp. 93-102, 2020.
4. L. Yan, “Research on the legal issues of network privacy right and personal information protection,” International Journal of Frontiers in Sociology, vol. 6, no. 5, 2024.
5. G. G. Fuster, The emergence of personal data protection as a fundamental right of the EU, vol. 16. Springer Science & Business, 2014.
6. F. Yuan and L. Wang, “Research on Text Mechanism of the Legal Protection of Personal Information Based on Big Data,” in 2023 8th International Conference on Information Systems Engineering (ICISE), pp. 163-166, 2023.
7. L. A. Bygrave, Data privacy law: An international perspective. Oxford University Press, 2014.
8. D. Y. Zhang, “Study on the Behavioral Logic of Personal Information Protection in the View of Constitution,” Advanced Materials Research, vol. 971, pp. 1768-1771, 2014.
9. W. Shu, “Legal Logic of AI Data Governance Based on Federated Learning: Institutional Evolution from Privacy Protection to Rights Distribution,” International Journal of Ethical AI Application, vol. 1, no. 4, pp. 7-12, 2025.
10. K. N. Peifer, “Personal privacy rights in the 21st century: logic and challenges,” Journal of Intellectual Property Law & Practice, vol. 9, no. 3, pp. 231-238, 2014.
11. L. A. Bygrave, Data protection law, 2002.
12. H. Prakken, “AI & Law, logic and argument schemes,” Argumentation, vol. 19, no. 3, pp. 303-320, 2005.
