Study On The Legal Protection Of Personal Information Right

With the wide application of computer technology, mankind has entered the information age. Spread of information technology not only brings people in all aspects of the convenience and efficiency, but also to bring a lot of unexpected threats, mainly reflected in a large number of infringing the right of personal information occurs. If the situation cannot be effectively checked, building the information society will be very negatively impeded. In response to this situation, the major developed countries from the sixties and seventies of the 20th century began the legislation to protect the right of personal information, but China has no specific personal information protection law until now, which doesn't match China's information construction reality. Therefore, the Chinese legal scholars are actively offering legal advices to legislature so as to enact the personal information protection law as soon as possible.Given the characteristics of personal information rights, the protection needs interaction between public law and private law. Also, because the right of personal information is proprietary in nature, this paper discusses the protection of the right of personal information with a lot of volume on the civil protection while addressing the legal protection of personal information.This article is divided into seven chapters. Chapterâ… Introduction. The second chapter is to explore the content of the right of personal information and of personal information, and to investigate the distinction tetween them and other similar conceptions. Finally, make clear the nature of the right of the personal information. This article agrees with the composite view of the right which holds the personal information right should be protected through the double protection of personal and property rights, because it can make up for the traditional lack of moral rights protection mode. Chapterâ…¢start from the commodification of personal information, then focusing on the importance of the introduction of property rights protection for the right of personal information, from the perspectives of philosophy, economics, law and economics point of the concrete expansion, paving the way for the argument of this paper with a theoretical basis. The fourth chapter analyzes subject, object and content of the right of personal information. Natural person is the main subject of the legal relationship of personal information, excluding the possibility of legal persons as a principal. Specify examples of common forms of personal information right. The right of personal information in this article include:1.information decision. 2.information confidentiality.3.the right to information query.4.objection and correction rights.5.the right information blockade.6.the right to delete information. 7.automated decision-making right to object.8.the right to ban direct marketing. 9.compensation claim. Chapterâ…¤describes the right to personal information protection legislation of United States, Germany, Japan, and legislation that they represent, the dispersion model, a unified model and the compromise legislation summarize legislative model.Then compare and summarize their advantages and drawbacks in order to provide reference for the upcoming China Personal Information Protection Law. Chapterâ…¥concerns the right of personal information of the current status of the legal protection of personal information of China, and put forward some specific suggestions of improvement for the concept, model, tort liability of the future personal information protection law. Chapterâ…¦Conclusion.