The Property Protection Of Personal Information

Personal information is the data that can be existed in any form and be used to recognize the special person. With the development of the computer technology, personal information becomes more and more significant in modern society. Most countries protect personal information by the way of personality right. But in the business society, personal information is some kind of scare resources. The economical interests must be protected by the way of property right. According to the current legislation of EU, America and China, the property right of personal information does not be stipulated. Different scholars do not come to an agreement on it.This article thinks that personal information is the embodiment both of personality interests and of property interests. So these two kinds of interests can be protected individually by personality right and property right. The property right of personal information does not deny the personality right of personal information, neither lead to the derogation of the personality. On the contrary, the stipulation of the property right of personal information is in favor of safeguarding the personality right of personal information.The object of the property right of personal information is the property interests of the personal information, which distinguish the property right of personal information from the personality right, intellectual property right and ownership. The subject of the property right of personal information has the right to dominate the property interests of the personal information; others have the responsibility not to infringe upon this domination. At the same time, the infringer also is charged with the responsibility of damage compensation.