Civil Protection Of Commercial Use Of Personal Information

In modern society, in order to chase the profit, the commercial tide has penetrated into every corner of society, people search all the factors to bring economic benefits, and use it. Under this situation, personal information will inevitably be used by businesses to access the enormous economic benefits. Commercialization of personal information inevitably brought a series of questions, violations of human rights and property rights, through the use of personal information carrying out criminal activities and disrupting the peace of life of others. Therefore, an increasing international organizations, countries and regions developed the law to protect personal information. According to statistics, so far, the number of the countries and regions which have formulated a special law on personal information protection has already surpassed 50. For various reasons, our country has not given enough attention to personal information protection for a very long period. So far, we have not yet formulated specific personal information protection law, personal information protection system the whole is relatively backward. Currently, China's protection of personal information on the research, can only say that is still in its early stages. This paper attempts to conduct the research of personal information protection problems from the civil law angle of view, hoping to help with the legislation of the personal information protection. This article is divided into three parts.In the first part of the article, the author discusses personal information and its legal attributes. First of all, the author discusses the meaning of personal information, characteristics and classification; then the author discusses the legal attributes of personal information. Analyzing several theories, the author suggests that personal information has two attributes, personality rights and property rights, this is the theoretical basis for the protection of personal information, we should protect personal information from personal right and property right; finally, the authors analyzed the obstacles on the theory of personal information on the two properties.In the second part of the article, the author discusses the commercial use of personal information and its conservation status. First of all, the author discusses the approach on the commercial exploitation of personal information; then, the author discusses the problem on the commercial exploitation of personal information; finally, the author discusses the status on the protection of personal information in other country and our country. Comparison of foreign law on the protection of personal information, China's law on the protection of personal information is extremely imperfect, in particular on aspects of civil law to protect personal information on commercial use. Therefore, we must discuss this theory on the commercial exploitation of personal information protection of the civil law; it can help our legislative and legal practice in the future.In the third part of the article, the author discusses the commercial use of personal information protection of the civil law. First of all, the author discusses the significance of the commercial exploitation of personal information on the protection of civil law; then, the author discusses the prevention of commercial exploitation of personal information protected by the Civil law. Because personal information owns two attributes, personality rights and property rights, therefore, we should give the owner of the information some powers, we have to prevent the illegal collection, use and sale of personal information; Finally, the author discusses the relief on the commercial exploitation of personal information protection of the civil law, that is, through civil liability for infringement, we protect the information on the subject of civil rights. The author then discussed the attribution principles, the constitutive requirements , the compensation standards and other issues of tort liability.