On The Right Of The Personal Information

The development of the informational society and improvement of the technology have brought us not only the convenience of the life and the exchance but also the wide way of obtaining information.However,the illegal way of collection,revealing,using making over and revising citizen's personal information has exposed more and more universally.Illegally aggressing the personal information is not only harmful at the protection of our citizen's personality and the proprietary but alsi damaged the fair way of entrying the completion with international market for our country's enterprises .The frist market economic countries have passed the law the personal information almost enforced since the years around 1970s ,and even in Europe the regional international covennant to the protection of the personal information has concluded. Since mainly countries in the world have especially done that in our country the study's weakness and the blank law towards that have been bad not only for the protection of citizens' basic right but the development of our economy and the interaction of the global economy. It is really urgent to strengthen the study to the protection of personal information, ensure the natural, content , protective principle and mechanism of the personal information right,and make the law which can not only fit for our country's sitiution but also connect with international market toprotect the personal information.The right of the personal information including the right of the personality and proprietary,which is the right for a person applying and controlling his personal information and also keep them from other's infringement,is also a kind of new and independent civil right. Natural person is the subject of his personal information right, and the enactment of the personal information right is to protect the natural person's right.But the legal person, individual operator, rural contractor, family and the dead and the foetus are not concerning with the subject of that,and their information needn't instruct to the protective law of personal information.The personal information is the object to the right.About the conception of the personal information, it doesn't make an agreement in the academy and the practice of the legislation, the so called "Personal Information" can reflect the concept's intension and extention,and the purpose of the protection legislation more effectively. Personal information can identify the natural person's allinformation, including natural person's psychology > physiology > intelligence and individual society, economy> culture, family and so on.The content of the personal information right contains informational decision right -, information's keeping secret right > informatin's consulting right , information's correcting right > information's blocking right > information's deleting right and information's requiring payment right.Our country's protection of personal information right should follow the directly collected principle,the legal and defini te's purpose principle, the restriction and exploitation principle,the public principle, the full-scale and proper principle and the safty protection principle;and the protection should adopt the protective model which must be produced combining by the country's unificational legislation and the obedience by every industry,set up responsible organ at every level for the protection of the personal infonnation, improve the technical method of the protection and ensure the civil liability of the tort.