Interests Conflicts And Coordination In Legal Protection For Personal Informations

With the coming of information time, the protection for personal information rights become more and more important. Personal information right should be classified into personality rights, and it could be used to identified somebody from others. But personal information right is easily to be harmed on internet, which is a special environment the information floods freely. In China, there are some articles in Criminal Law to punish abusing personal information, however, the civil law and the administrative law have not been released.The protection for personal information rights indicates that the laws respects personal rights. And the protection for personal information rights involves public interests, because if the personal information be harmed in a large scale, the public interests would be also harmed. So, personal information rights is a kind of right in private law, but it's also a public issue.However, no right is absolute, the protection for personal information rights should be coordinated to public interest. In any society, personal interest and public interest are consistent in essence, while the conflicts between the two does exist. So it is necessary to dispel the conflicts. To protection for personal information rights, the conflicts and coordination between personal interests and public interest are as below:First, the conflict between personal information right and freedom of the press. Freedom of press is the important part of civil rights, and can be classified into the category of freedom of speech. But there are some conflicts between personal information right and freedom of press. The subject of personal information right may not willing to disclose his own information, so the press should obey the laws, or the press should pay compensation to the subject of personal information right.Second, the conflict between personal information and freedom of internet information. Internet is the most important creation in the last several decades, the information on internet can spread freely, while in this process, the personal information may be harmed. The freedom of internet information should be limited, some information such commercial secrets and personal privacy should protected strictly, those who releases the protected information should assume the responsibility.Third, the conflict between personal information right and public security. Public security should be priority to personal information right. Public security relates to the safety of most people, while personal information right is the private right; and public security contains right of right, health right and property right, those rights can be classified into human right, so public security should be protected firstly.Fourth, the conflict between personal information right and government information publicity. Government information publicity means open the information and make the government supervised by people, but the government information contains some personal information. The personal privacy and commercial secrets should not be opened without permission. So, the personal information in government information publicity should be well-protected.Fifth, the conflict between personal information right and judicial evidence collecting. The personal information is a kind of information and can be evidence in judicial process. The conflict between personal information right and judicial evidence collecting should be adjusted by the value orientation system, the laws can prohibit illegal obtainment of evidence to protect personal information right.In summary, it is of more importance to protect personal information right in information time. But the conflicts between personal information and public interests should be well-coordinated.