Study Of The Legal Problems Of Individuals The Right To Information

The way to protect Personal Data has been a serious problem in the information society since 1990s. A lot of papers has focused on the privacy protection on the internet. Although Mr. Chengsi Zheng did some research on this topic 80s in last century, few people discuss the basic questions about personal data protection. On this topic, it's the most important to discuss the question of objection, the right's content and scope. And there're a lot of theories about the nature of the right of personal data. How to deal with theses theories and put forward a national theory to the construction of our system of the right of personal data is an important thing.This article contains five parts:In the first part, I research the definition and nature of personal data rights. Any person has a right to have his/her personal data protected, and he/she has the right to control and keep others out of it. And it has three characters which has a necessity to independently protect. Considering the nature of the personal data right, there are four theories about it. One asserts that it's the right of ownership; another asserts that it's the right of privacy;, another asserts that it's the generic personal right; the last one asserts that it's an independent right. The right of personal data has a lot of differentiations with the right of ownership, the right of privacy and the generic personal right, so I think it's an independent right.In the second part, I research the definition of Personal Data in law and in the discussion of the researchers systematically. In my opinion, personal data shall mean any information relating to an identified or identifiable natural person, such as his/her physical, physiological, mental, economic, cultural or social identity, no matter it is formed by the documation, voice and picture. Personal data has some different types and each of them has different characters. On the basement of the different types, we can construct the system of the fights of personal data.In the third part, I discuss the content and scope of the right of personal data in the comparative study method. With the act of different nations, I put forward different types of the right, and its constitution. The right of personal data could be embodied in nine forms, the right of contention to personal data, the right of access to personal data, the right of rectification, the right of erasure, the right of blocking, the right of automated decision-taking, the right of preventing processing for purposes of direct marketing, the right of keeping it secret and the reward request right.In the fourth part, I discuss the remedy of the tort. Firstly, I analyze the criterion of liability. I assert that no-fault attribution principles should be applied in the tort of the public bodies. As the private bodies I hold that it should be applied the fault reasoning principles. Secondly, I analyze the civil liability of personal data tort, and in my opinion, the damages include economic damage and non-property damage.In the fifth part, I discuss the current condition of the protection of the right to personal data and its perfection. Although the constitution law and the identity law have some basic regulations about it, they haven't formed a systematical framework. The local laws also have some regulations, but also have a lot of conflicts in them. So it's important for our country to establish our own personal information protection act. Last I put forward that our country should establish a unified law to protect the personal data.As the development of the information society, and with the tendency of international personal lawmaking, we should do the research on the right of personal data explicitly and systematically, and this work is also a hot topic in the process to establish the personal law protection act.