Definition Of Right Of Personal Information And Protection In Civil Law

Along with the development of social economy, conflicts of social interestspertaining to personal information are growing. Resolving the conflicts of personalinformation is a complex issue involving philosophy, politics, economics and law. Inthe process of resolving such a problem, laws have been playing a role of greatimportance. Legal academic research, creation of legal rules and effective operationaffect significantly the attribution, application and protection of the right of personalinformation. The protection of personal information in civil law is not unilaterallyemphasis on protecting interests of some individual subjects, but in the view ofbalance, weighing different kinds of social relation and then structure a mechanism,which is aimed to realize the duel objectives of protecting personal rights and interestsand to promote advancement of social economy, meanwhile coordinate protection andexploitation of personal information.Apart from the introduction and conclusion, this dissertation is divided into fivesections, arranged as following.Firstly, section I is concerning the definition of the right of personal information.At first, categorizes civil interests borne in personal information, and exhibits theinterest of personality carried in personal information, which is a unity of interestsfrom spirit dimension and from property dimension. Then, started from the generalpersonality right’s function as genesis, I justify the creation of the right of personalinformation as a concrete personality right and define, in the following step, thesubject, object and the contents of right and obligation. Besides, the boundaries andrelations between this right and rights of name, right of reputation, portraiture right,right to privacy and etc. are closely observed. Accordingly I argue that notwithstanding some overlap with related rights exist; the right of personalinformation’s independent status can be justified.Secondly, section II is an analysis and solutions of the conflicts of interestsinvolved in the transition of personal information. In this section, analyzing theproblems stemmed from the transference of personal information, based oncomprehensive explanation and interpretation, I indicate the compatibility betweenapplying the view of balance and the objective of protecting personal information. Byanalyzing the game of different subjects in which personal information is transactedor transferred, I propose that enact definitely the right of personal information in prior,then applying the methodology of balance, and then conscribe the very rightsubstantially or formally in procedure.Thirdly, section III is the personal information right protection under the contractlaw. Balancing the interests in permitted application, I propose some general civilrules in information application license contract, supposing that interests of relatedparties can all be maximized.Then, section IV is the rules of remedy in tort law of the right of personalinformation. With the perspective of balance in tort law, I dissect the doctrine ofliability fixation, the elements of tortious liability, the forms of compensation,specifying the right’s particularities. I underline the classification of torts andapplication of rules of penal remedy.At last, section V is the remedy approach of personal information tort, which isclass action. For ending the predicament of personal information remedy, we shouldtransplanting class action. And give it some improvement to meeting the practicalusing in our country.