Research On The Civil Law Protection Of Personal Information

The development of information technology promote the collection; use and circulation of personal information, but also make it abused more vulnerable. When the personal information is damaged illegally, it is disadvantage to protect personality of civil and right of property, and also not conducive to China-related enterprises on an equal participation in international competition and development in international market. Some special legislation protection of personal information have been built in many countries of the world, but it is not so consummate in our country currently, this will leave excuse to other countries for making trade barrier in our manufacturing, Affected by this, academia has become concerned about the legal protection of personal information increasingly and promotes the legislative process of personal information, but there are so many controversies in many areas such as the concept, the nature, the owner and the protection mode of the personal information have been existing in current academia, It is also lack for discussing on the basis of civil law protection of personal information and consummation of the legislation, In this situation, this article focus on the civil law, discuss the basic theory of civil law protection of personal information and some major issues, Based on the research of the current protection system of personal information both home and abroad, my opinion is, the right of personal information should be located in one official practical right of personality with the new spirit, and take the protect mode of "take legal regulation as the main, supplemented by industry self-regulation".Personal information means any objective information which is alone or compare with the other information to identity the specific person, it contains the natural person's name, gender, date of birth, nationality, marital status, family status, working history, health information, financial status and so on. The right of personal information means the right that are legally guaranteed by information's owner by which it is controlled, and eliminated violations of others; which contains five parts like the right to know, the right to block, the right to correct, the right to delete, the right to gain; it can be adopted in china as an independent civil right.The paper is divided into four parts. The first part is an overview of the personal information and the right of personal information; it defines the concept and classification of personal information, the definition and nature of the right of the personal information. It studies the content of the right of personal information, and proposes the further restrictions on the right of personal information.The second part is a legal analysis of the protection of civil law on personal information. It analyzes the value and the basis of civil law protection on personal information.The third part is comparison and reference of the legislation on personal information protection. It compares the legislation between the European Union, the United States, Taiwan and Hong Kong in china. It focuses on the legislation of German, and proposes the ways to legislation on personal information protection when considering the actual situation of our country.The fourth part is based on the previous analysis, summarizes the current situation of legislation about the personal information protection in china, and proposes assume of legislation on personal information protection.At the end of the paper, it sums up and proposes the right of personal information should be an official practical right of personality with the new spirit, for this, we should take the protect mode of "take legal regulation as the main, supplemented by industry self-regulation", and gradually develop to make special legislation to protect personal information.