The concept of privacy protection requires reassessment and updating in response to the rise of digital technology and intelligent media. Photo: TUCHONG

With the rise of the digital society and the advances in intelligent technologies, personal data—particularly privacy-related information—has become a valuable economic resource, intensifying concerns over privacy risks. As a result, the concept of privacy protection must evolve from a closed framework to a more open model better suited to the demands of contemporary society.

Evolving privacy boundaries

As a personality right closely tied to human dignity, privacy has traditionally revolved around the notion of “secrecy,” defined by the boundary between public and private spheres, and protected through closed mechanisms designed to maintain this separation. In the past, the distinction between public and private life was relatively clear, allowing individuals to safeguard their privacy simply by limiting access to private spaces. However, with the advent of digital society, the line between public and private has blurred to the point of near disappearance. The emergence of the “digital individual”—a digital extension of the natural person—and the increasingly commodified nature of personal data mean that privacy-related information now forms part of vast public databases.

Although the conceptual scope of the right to privacy has expanded from the right to an “undisturbed life” to include personal emotional experiences, physical conditions, and other fundamental aspects, the media environment in which privacy exists has remained relatively static until the rise of digital media ecosystems. As humanity is embracing digital and intelligent technologies, “uploading” itself into a fluid virtual world, privacy risks are significantly amplified. The more fluid individual identities become, the easier it is for individuals’ private information to be monitored and recorded.

Notably, modern intelligent technologies not only deliver real-time information but also “predict” and “infer” human behavior. For example, ride-hailing and navigation applications automatically suggest potential destinations to users. These predictive functions, based on the tracking of individuals’ daily lives and behaviors, have achieved high accuracy. Though not yet fully integrated into communication processes, they already risk infringing upon core privacy protections enshrined in the Civil Code of the People’s Republic of China—“private space, private activities, and private information.”

In today’s hyperconnected society, the principle that “everything is medium” has become a lived reality. Individuals interact and communicate constantly through smartphones, computers, smart homes, and wearable devices, transforming them into active nodes within a vast communication network. This persistent connectivity erodes the notion of purely private time and space, thereby challenging traditional privacy boundaries.

Balancing rights and responsibilities

In the digital society, privacy protection involves multiple stakeholders: the government, businesses, and citizens. Effective social governance requires the government to collect, integrate, and analyze citizens’ private data. In the digital age, “precision” is a basic requirement for governance, one that is inconceivable without access to relevant information. At the same time, the government is also tasked with protecting citizens’ privacy through legal and administrative measures.

Businesses, too, rely on large volumes of personal data to carry out essential functions such as delivering products and services, maintaining infrastructure, and expanding commercial networks. However, while such data is critical to commercial operations, its use must be tempered with caution. The pursuit of profit can easily give rise to misconduct, including violations of privacy rights.

Citizens often find themselves in a double bind when it comes to privacy protection. On the one hand, they have a strong, rights-based interest in safeguarding their personal information. A secure private sphere is essential for both physical and psychological well-being. On the other hand, digital life encourages routine data-sharing, driven by the desire for self-expression, the need for social engagement, and the commodification of personal information. Consequently, citizens frequently face a paradox: sharing data increases the risk of privacy breaches, while withholding it may lead to social disconnection and restricted access to products and services.

To strengthen privacy protection, all parties—government, businesses, and individuals—must uphold the legal principle of balancing rights and responsibilities. Prioritizing only the rights or only the obligations of one party will not suffice. Intelligent media technologies have not only reshaped the communication landscape but also introduced a host of actual and potential threats to personal privacy. Yet the modern predicament of “having nowhere to place one’s privacy” should not serve as an excuse for abandoning privacy protection; rather, it underscores the growing urgency of safeguarding privacy.

Gu Liping is a professor from the School of Journalism and Communication at Nanjing Normal University.