What is the secret of identity? Personal secrets cannot be protected as business secrets, right?
What is the secret of identity?
Currently, the 2015 Civil Code and related documents do not explain what personal secrets are. However, in Section 2 Civil Code 2015 It is mentioned that the personal rights of each individual are civil rights attached to each individual and cannot be transferred to others, unless other relevant laws provide otherwise and include the following rights:
(1) Right to have a full name (Article 26 Civil Code 2015);
(2) Right to change surname (Article 27 Civil Code 2015);
(3) Right to change name (Article 28 Civil Code 2015);
(4) Right to determine and redefine ethnicity (Article 29 Civil Code 2015);
(5) Right to register birth and death (Article 30 Civil Code 2015);
(6) Right to nationality (Article 31 Civil Code 2015);
(7) Individual rights to images (Article 32 Civil Code 2015);
(8) Right to life, right to ensure safety of life, health, and body (Article 33 Civil Code 2015);
(9) Right to protect honor, dignity and reputation (Article 34 Civil Code 2015);
(10) Right to donate and receive human body tissues and organs and to donate and take corpses (Article 35 Civil Code 2015);
(11) Right to gender reassignment (Article 36 Civil Code 2015);
(12) Gender change (Article 37 Civil Code 2015);
(13) Right to private life, personal secrets, family secrets (Article 38 Civil Code 2015);
(14) Personal rights in marriage and family (Article 39 Civil Code 2015).
Thus, personal privacy can be understood as an individual's secret related to the 14 personal rights mentioned in Section 2.Civil Code 2015.
Personal secrets cannot be protected as business secrets, right?
Subjects not protected as business secrets are specified in Article 85 Intellectual Property Law 2005 as follows:
The subject matter is not protected as a trade secret
The following confidential information is not protected as business secrets:
1. Secret of identity;
2. State management secrets;
3. Secrets about national defense and security;
4. Other confidential information not related to business.
According to this regulation, personal secrets are one of the secrets that cannot be protected as business secrets.