Research On The Civil Protection Of The Personal Information Right

With the rapid development of information society, personal information protection including privacy protection becomes research focus. The increasing cases of tort urgently call for the standardization of the processing and handling of personal information.Personal information makes property interest in practical transmission. From the evolvement of the commercialization of personality right, we may arrive at the conclusion that the super right of the personal information right is not proprietary right but the personality right. It is the emergency of those 'new-birth' rights, such as the personal information right, that pushes the increasing development of the law system of personality right. Hence, attention should be put on the protection of property right in the process of personal information legislation.This article analyzes the concept, characters, properties, and attributes of the personal information right, from the commercialization of personality right point of view, argues personal information right has the character of property right, through comparing the personal information lawmaking in foreign countries, represents the suggestions on the design of civil protection system of personal information in China.Chapter I gives the definition of personal information right. It analyzes the characters, properties of the personal information right and the value of civil protection.Chapter II analyzes commercialization of personal information. The practical representation of commercialization of personal information—personal information's property-right character is introduced first, followed by the description of conflicting points to the commercialization of personal information, the theoretical analysis of the commercialization is conducted at last. Chapter III discusses the legislation of the personal information in foreign countries. It compares and then analyzes civil protection of personal information in those countries, and thus presents illumination of the legislation of the personal information right in China.Chapter IV is the suggestions on the system design of the civil protection of the personal information right. It first depicts the status quo of legislation of personal information protection, and then analyzes the future of the legislation based on the necessary, urgency, and executing probability of it, finally presents suggestions on the system of the civil protection of the personal information right with focus on the design of the system.