The Right Of Personal Information

Modern society has accessed to the information society. As we all know, the economic base determines the superstructure, so the information society calls for that information body own the right of personal information. That main body given to the right of personal information has great practical significance whether it is for protecting natural personality and interests and achieving the comprehensive development of people-centered, or for the promotion of information society development.From the civil law perspective, comprehensively using the way of concept law, comparative analysis and empirical analysis methods, this paper discussed issues closely around the legislation establishing the right of personal information on civil law system. By way of study on concept and nature of personal information rights,theoretical basis of the right of personal information and the experience of foreign legislation, the paper proposed tentative idea about legislation to establish the personal information right system of our country.Addition to the introduction, epilogue, the paper is divided into four partsPart I: The concept and the nature of personal information right. As the basic point of study on personal information right is personal information, so analysis and definition of the concept and nature of personal information right is the basis of the entire study. Personal information is information that a natural person's name, date of birth, identity card number, characteristics, fingerprints, photographs, marriage, family, race, education, occupation, health, medical history, financial status, social activities, which can either directly or indirectly identify the individual information. It has the feature of identification, personal relevance, both Personal nature and property nature. Personal information is different from the privacy, personal data etc, and legislation should be adopted the concept of personal information. The legal nature of personal information is essentially a kind of personality interests. The right of personal information is that main body can possess rights on their own personal information, which can dominate, control and against the exclusion of others. It's essentially a kind of specific personality right, so the theoretical basis of the right of personal information is the general personality rights'theory.Part II: Theoretical basis of personal information right. First of all, through the analysis of the constitutional theory, which consist of human dignity theory, political freedom theory and residential inviolability theory, we found a constitutional basis for establishing the right of personal information on civil Law. Then demonstrates that why the theoretical basis of the right of personal information is the general personality rights'theory in two ways- the personality spirit interests of personal information right protection is the object of Personal Rights and Personal Rights have the function as civil law theoretical basis of personal information right. At the same time, through the analysis of the basic functions of general personal right, we made adequately theoretical preparation for establishing the right of personal information on civil Law.Part III: Comparative analysis. Through the comparative analysis personal information right legislative experience of extraterritorial main representative countries and international organizations, such as the United States, Germany, Japan, the United Kingdom and EU, Asia-Pacific Economic Cooperation, Economic Cooperation and Development, United Nations, the author analyses the main spirit of its legislation, measures and the advantages and disadvantages. Thereby Provide important reference and sufficient data preparation for the introduction of personal information rights on China's civil law system .Part IV: Thinking on perfecting personal information right of civil law system. From the main content of the personal information right, the perform and limit of the personal information right, the relief of the personal information right three sides, combined with the new "People's Republic of Tort Law" ,this part put forward construction of specific ideas on personal information right. First of all, the content of personal information right should include five right: the right of control on personal information, the right of personal information inquiry, the right of Correction and block and remove, the right of personal information compensation claim, compensation claim right.Part IV: Thinking on perfecting personal information right of civil law system. From the main content of the personal information right, the perform and limit of the personal information right, the relief of the personal information right three sides, combined with the new "People's Republic of Tort Law" ,this part put forward construction of specific ideas on personal information right. First of all, the content of personal information right should include five right: the right of control on personal information, the right of personal information inquiry, the right of Correction and block and remove, the right of personal information compensation claim, compensation claim right. Then pointed out that the right of exercising personal information must be limitted by the principle of necessity and the interests of need protection must be greater than the damage. Furthermore, this paper detailed analyzes the specific exercise of five personal information right. Finally, that violations identified of personal information should use the theory of four elements; on responsibility principle, violations of personal information by state organs should apply the principle of liability without fault, violations of personal information by non-state organs should apply the principle of fault liability presumption; on tort liability, tort liability Includes four kinds: damage compensation, stop infringement, eliminate Influence and apology.