On The Civil Protection Of Personal Information

In modern information society, persona data protection has been a very important legal problem. Personal information has extremely high value as a kind of important social resource ,with the information technology's rapid development, the transmission, processing and usage of information is extremely nimble, quickly, and also makes it easy to be infracted. The personal information encounters to be illegally collected, maliciously used, and even disturb people's peaceful life, threaten the security of property and life, which has become a potential danger and a common phenomenon. So the collection , use and protection of personal information have already become a brand-new, global legal problem, attracted attention day by day. More and more international organizations and authorities give high concentrations on personal information protection. Statistics indicates that, the number of the countries and regions which have formulated special laws on personal information protection so far has already surpassed 50. In our country , up to now, we haven't had a special formulation of laws about it. Also, the protection system is quite backward overall. It has been bad not only for the protection of citizens' personal basic right but the development of economy ,society and the cooperation of the global economy. Therefore, it is really urgent to strengthen the study to the protection of personal information right, and make the system of the personal information as soon as quickly.Under such circumstances , the government has already included the personal information protection in legislative agends,the State Government started the law-making program of the law of personal information. The discussion group in Social Science Institute of China has completed the draft—expert suggesting manuscript. Moreover, civil law's draft and the manuscript suggested by experts of the civil law have focus on the problems of personal information protection. However, our research on it now is still in its beginning stages. In our country educational world, connotation and extension of individual information , the right foundation of personal information protection and right of personal information body still lack the unanimous understanding . Although the personal information protection concerns about several areas, the basic point is the human interest of personal information body .Therefore, this article attempts to conduct the research of the above questions from the civil law angle of view, tries to analyze the basic nomology especially by means of comparing the US with Germany , inquire the main problems of the protection of the personal information , and turn over to think the shortcomings in the right of personality system in our country ,think over the civil system of the protection of the personal information ,hoping to help with the legislation of the personal information protection.From the civil law angle of view, this aiticle synthetically utilizes the concept of legal science method, the history inspection method, the comparison research method , the real diagnosis ans analysis method, to discover of personal information protection based on the personality power , to discuss the idea of the comparison method, to analyze the specific system , and to demonstrate constrction of the personal information protection in our country . Besides the introduction remarks , there are altogether five chapters.The first section presents an overview of personal information, clearing definitions, characteristics and classifications of personal information. The second section studies the values of the personal information protection , and the researches the basic right of the protection of the personal information by means of comparing the US with Germany. The third part discuss the right to personal information.,explores the nature , the contents and the restictions of the right of personal information. There are main seven rights of it : the right to determination, the right to confidentiality, the right to inquiration, the right to rectification, the right to blocking , the right to erasure , the right to claim compensation. The fourth section deals with infringement of personal information and the corresponding civil liability, emphasizing the principle of liability and the elements in the infringement of personal information. The last section points out which mode we should adopt, and bring forward the legislative suggestion on the basic of the analyzing above and the present legislation in our country.