On The Protection Of Personal Information In Civil Law

The popularity of computer and network technology greatly improved the personal information collection, processing and utilization efficiency and ability, do offer quick and convenient to people’s life. Personal information as an important social resources, to create great value at the same time, promoting the social progress and development. But as things have positive and negative possibilities of development, the behavior of the infringement of personal information is also growing, this is for personal information protection put forward the serious challenge, personal information protection has become a hot topic of many countries in the world or social organizations. According to statistics, more than50countries or regions around the world have made the special laws of personal information protection, compared with these countries and regions, in the legislation of personal information protection in China is relatively backward. Although our country in the constitution, administrative law, civil law, criminal law and judicial interpretation for the protection of personal information, however, these rules relatively fragmented and operability is poor, not well deal with the serious situation of personal information protection. Academic study of personal information protection is in its infancy. To protect personal information of the civil law, is the most basic means of research of personal information protection of civil law is the requirement of information society.In this paper, the integrated use of comparative analysis and value analysis and other methods to explore the personal information protection of civil law. Full text is divided into four parts, the first part is the overview of information, this paper introduces the definition and characteristics of personal information, and other related concepts and civil legal attribute; The second part is mainly about the necessity of protecting the personal information of the civil law and the civil law within the scope of personal information protection legislation mode; The third part summarizes the relevant laws and regulations in terms of personal information protection in China’s shortcomings, through the example is given to illustrate our personal information the seriousness of the infringement; The fourth part based on the above discussion, put forward the thinking of personal information protection of civil law theory and legislation perfect suggestion, namely, build personal information rights theory, to develop the personal information protection act. Leading up to the personal information right Angle, can strengthen the efforts of civil law protection of personal information, and to develop the personal information protection act can provide complete personal information of the civil law protection of the legal basis. At present, the personal information protection act of expert proposal has been submitted to the state council, look forward to formally launched the personal information protection act.