The Study On The Civil Protection Of Personal Information

In the information age, personal information directly relates to the individual and society. Therefore, some civil subjects often encroach on others'personal information for commercial gain or other purposes. In addition, with the development of technology, the collection, use and handling of personal information are more convenient, resulting in more infringement acts of personal information. China has begun to concern the protection of personal information——the Criminal Law Amendment (7) added the "crime of illegally providing personal information" and acts of serious violations of personal information would be subject to criminal prosecution. China has not yet issued specific personal information protection law, but according to the relevant experts' advice, there should be regulations for the administrative responsibility and criminal prosecution of acts of violations of personal information.However, the legal property of personal information is general personality right, the protection of civil law should be the basis of legal protection of personal information. Therefore, this article conducts research and study of personal information from the perspective of civil law.This thesis contains five chapters:Chapter I are basic problems of personal information protection. The contents include the definition of personal information, legal nature of personal information, and the model of legislation.Chapter II is the performance of violation of personal information. This chapter makes an new understanding of violation of personal information in theory and an explicit analysis of performance of violation of personal information.Chapter III is the responsibility's property and attribution principle of violation of personal information. This chapter explained the types of responsibility of violation of personal information and indicated that civil liability of violation of personal information should be tort liability or liability for breach of contract. This chapter also studied the attribution principle of violation of personal information by focusing on application of principle of violation of personal information. ChapterⅣis the duty of subject and methods of bearing liability of violation of personal information. This chapter studied the duty of subject of principle of violation of personal information and explained the standards and scope of the responsible. This chapter also conducted a research on common understandings and application of the method of bearing liability.ChapterⅤis the current situation and future path of China's legislation of personal information protection. This chapter pointed out the deficiency of our nation's legislation and provided the principle of legislation of personal information protection. This chapter also conducted a research on the relationship between the civil law and the law of personal information protection. In addition, this chapter provided the specific system design for the personal information protection.