The Protection Of Personal Information In Civil Law

Personal information is generated when we were born. Along with the growing process, the personal information is also expanding. Nowadays, we are in the age of information society, and the personal information is becoming an important object. Personal information contains much value both in governance and transaction. With the development of computer and network technology, the transmission of information is extremely convenient, but it also enhances the risk of information infringement. Each kind of information that relates to individual is easily to be leaked, to be illegally collected and to be abused, which cause people's psychological uneasiness and life inconvenient. Therefore, the protection of personal information is becoming a new and worldwide legal issue. Laws protecting the personal information should be drafted eagerly.In the area of civil law, there is a viewpoint that the right to personal information should be regarded as a new property right. This viewpoint is not properly. The principle to divide personal rights and property rights is specific. Personal information can bring property interests, but personal information can not be treated as individual's property. Everything that can be regarded as property must have original interest. But the property interests that personal information contains are not original. Therefore, the fundament of information protection in civil law is personal rights, not property rights.There's another viewpoint that the right to personal information should be regarded as personal right. I agree to this viewpoint. The United States chose Privacy to be the fundament of information protection, and German chose the General Personal Right to be the fundament of information protection. However, there is no doubt that the protection of personal information is highly related to personal rights. The personal interests that personal rights protect are also expanded with the development of society, and now, personal information should be seemed as one of the objects that in the protection of the general personal right.Therefore, analyze the characteristic of personal information, find a proper fundament to protect personal information, and empower everyone the right to protect personal information in case of illegal abuse is significant in nowadays. The Chinese Government has already started the legislation plan to protect personal information. The State Council has launched the legislative process of enacting"Personal Information Protection Act"in 2005. The experts'proposal of"People's Republic of Personal Information Protection Law"has drafted by Chinese Academy of Social Sciences. However, the study of personal information protection is just at the initial stage, there are still many issues worthy of further research. This paper is focused on discussing the fundament of personal information protection, and intends to provide some suggestions to the construction of personal information protection system.