The nation's first draft civil code has made legislative history by giving unprecedented priority to protecting the privacy of individuals.
The draft defines privacy as private information, activities and space. It bans people from infringing on others' privacy by watching them, tapping their phone or disclosing their personal information.
"It is a major move towards the protection of human rights," said Wang Liming, a civil law professor with the Law School of Renmin University of China.
Wang helped the legislative body that drafted the civil code.
He said the new provisions expanded the definition of privacy from the existing understanding, which focuses on personal secrets.
Many cases of privacy infringement which involve harassment, following others and disturbing their peace and quiet have shown that privacy is far more than that, Wang said.
Wang said the protection of privacy had become a civil law priority worldwide, with many countries introducing legislation to better safeguard privacy.
The boom in modern science and technology - and the Internet in particular - posed a great threat to individual privacy, he said.
The emergence of new tools such as pinhole cameras and high-powered telescopes have also resulted in new intrusions on people's privacy.
The right to privacy is written into the section on personal rights in the civil code.
The draft civil code is unique because it devotes a whole volume to personal rights, said Wang Shengming, director of the Civil Legislation Office with the Legal Affairs Commission under the Standing Committee of the National People's Congress.
Wang's commission is responsible for devising the draft civil code.
"It reflects the international trend since the 1960s that has increasingly recognized the value of individuals in social and economic life ," he said.
The rapid development of intellectual property rights, most of which are owned by individuals, has also highlighted the importance of people's creativity in a knowledge-based society, Wang said.
"The value of human resources, compared with other forms of resources, is the most precious without a doubt."
(China Daily December 24, 2002)
