Personal Information In The Modern Civil Rights Protection

Along with the coming of information society, personal information protection has attracted broad attention all over the world. Personal information protection, related to relevant fields such as constitution, civil law, administrative law, etc., has important theoretical value and practical significance. The thesis attempts to discuss the basic theory and key issues of personal information protection from the point of civil law, according to the analysis and absorb of the personal protection mode, combining practical analysis of the civil remedies for personal information rights, to make the protection mode of Chinese personal information right in civil law in terms of theory.Except introduction and conclusion, the thesis attaches importance to develop research on personal information protection in 5 parts. In the introduction, the author briefly overviews the current situation of personal information, meaning of enhancement of the protection and current legislation on personal information protect in other countries and regions. In Part 1, the author chiefly discusses the content and attribute of personal information right, confirming the definition, detailed content and attribute of personal information right, to define that personal information is a individual right, a new concrete right of personality.In Part 2, the author discusses the target of personal information protection——personal information, its legislative defining and classifying dissensionsIn Section 1, the author distinguishes personal information, personal profile, and individual privacy, etc, ensuring that personal information, according theory and practice of continental law system, is possible to become basic concept of relevant legislation in China. In Section 2, the author defines personal information in 3 models——Abstract type, Abstract-Enumeration type and Distinctiveness. In Section 3, according to different standards, the author classifies personal information as direct personal information and indirect personal information, sensitive personal information and trivial personal information, computer processing personal information and hand processing personal information, open personal information and secret personal information, personal information of human and personal information of case, objective personal information and subject personal information.In Part 3, based on legislation of other countries and regions, the author will chiefly put comparative evaluation on EU model and the US model to research the content of personal information right through comparative method. In Section 1, the author will introduce the content of personal information right in EU and the US. In Section 2, narrate and analyze the classification of personal information through personal rights, rights of requiring others, and rights of extension to list the detailed content of personal information right and key elements of limiting personal information rights practice.In Part 4, the author will narrate the practice analysis on civil remedies of personal information right. In Section 1, narrating the character of civil liability of violating personal information. In Section 2, clear the criterion of liability of violating personal information. In Section 3, define the key component of violation of personal information, as causal relationship among the damage, illegality, the tortfeasor's fault, unlawful acts and damage acts. In Section 4, the author narrates the impunity reasons of liability of violating personal information with the example of law and acts in Taiwan. In Section 5, the author narrates the forms of violating personal information right including 5 liability forms of exclusion:Cessation of fringerment, removal of obstacle, eliminate ill effects, restoration of reputation, and apology for damage; the liability for damage is composed of 2 forms:compensation for mental loss and for property loss.In Part 5, based on current situation of legal protection for personal information right, through comparison among personal information right legislation models in other countries and regions, the author refine the necessary parts to put forward relevant legislation advises to build personal information right protection in China.