| In today's society has entered the information age, it is generally felt it bring itself in social life of convenient services. Computers. Internet, wireless, mobile technology and the ever-changing information technology for people to acquire information, contact provides technical support, overnight, from one person over another, people interact with information and frequent, under such circumstances, belong to a natural person in my information is collected, used, processed, and so on appear certain irregular status, and that none of the rules, "partly about personal information protection legislation; on the other hand is proclaiming freedom of speech, information without boundaries, open network age no control state.Through various can identify an individual or with relevant information and can in turn form the complete picture of a person or grasp its particular characteristics, and such information is known as "personal information", personal information is of obvious personal property, because is a natural person, the inherent information so different from the legal entity or other organization of "information". At present, information has become one of the people we meet, contact the main virtue, but information disclosure especially divulging personal information and have created a new social problems, and improper use of personal information is becoming increasingly widespread of channels.Some businesses or individuals through questionnaires, network registration, membership registration, and other ways to collect user information; consumers in medical care, job seekers, buy a car, buying a House, buying insurance or for a variety of membership cards, card, or bank cards when you provided your personal information may also be sold; the network logon request mailbox, register to enter the chat room or lobby when you provided your personal information may also be illegal search or link; business card printing sector stored on behalf of a large amount of personal information may be disclosed, and so on. It is important to note, many specialized acquisition and sale of personal information intermediaries also emerged. Some experts said that, since there is no statute for personal data protection, makes some corporate and personal use improperly obtained personal information to sell goods, harassing citizens'daily lives, destruction of business ethics and order, also easily misused to steal personal identity crime.Some international organizations in the world, as well as part of the national legislation of more mature in response to this change, respectively the actual subject itself to protect the personal information of legal norms, personal information protection law on the one hand, the need to protect individual rights, on the other hand, does not hinder the normal flow of information. Agreement between the European Council made it clear that in the preamble to the section:"taking into account the automatic processing of personal suffering data increasingly transnational mobility, which should be extended to public rights and their fundamental freedoms, especially the respect of privacy; and reiterated the Member States, regardless of borders and ensure the free flow of information; our commitment must be in compliance with privacy recognized the fundamental value and respect the information in the free movement between States to balance between the two. "EU directive expressly set forth in article 1, the Member States in dealing with the processing of personal data of natural persons of fundamental rights and freedoms, in particular their right to privacy be protected. " Overall, the current national legislation is mainly administrative mode on personal information protection regulations, but in real life, chopping violations of personal information by the lack of significant civil relief requirements, violated in infringement of personal information rights resulted in violation of privacy or other personal rights of consequences, in order to comply to the civil law of tort law for protection. This is not the right person allowed to acquire personal information Act, and the use of personal information and thereby to bring the right people overwhelming spam, cell phones, information rights such as harassment of human life and peaceful behavior without effective protection.Infringement of personal information to a wide range of legal responsibility, including criminal and administrative liability and civil liability, etc., this article mainly from civil angle on protection of personal information for analysis. Article first describes what is "personal information"; Secondly, and of the necessity to protect personal information, personal information is a civil rights, is a personal right, thus making the protection of personal information is to protect the personal information rights; and finally, this article according to our recent "tort law combined with different countries and regions of the relevant legislation in respect of personal information rights of civil relief made certain proposals, makes personal information rights of civil protection level more practical. |
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