Abstract
In the definition of personal information, the element of "identification" is commonly regarded as a key component. As the core element of personal information, the interpretation of "identification" directly determines the scope and intensity of legislative protection for personal information, which, in turn, involves the balancing of multiple interests. It is essential to scientifically define and interpret this element in light of the current state of economic and social development. A correct understanding of the "identification" element will exert a significant influence on China’s ongoing personal information protection legislation and judicial practices. At present, differing views still exist in China regarding the interpretation of the "identification" element. Based on an analysis of the concept of personal data under the EU’s General Data Protection Regulation (GDPR) and considering China’s economic development context, this paper proposes adopting a narrow interpretation of the "identification" element and recommends limiting the scope of identification to information that is "in fact connected to a specific individual."
Keywords
Personal Information; Identification; Association; Scope of Protection; Interest Balancing
