| The rapid development of information network technology today, more and more commercial value of personal information comes out. Lured by economic interests, the situation that personal information is illegally collected, stored, transported, processed and used is more and more. Because of the close relationship between person and personal information, the violation to personal information right will undoubtedly cause different damage to the individual. In the face of this situation, China has started to pay attention to the protection of personal information. For example, in the provisions of the Criminal Law Amendment VII, infringing on the personal information right constitutes "crime of illegally providing personal information" and it provides the infringer to bear a corresponding responsibility. But as a general personality right, the protection is not enough. This paper will start the research and discussion to protection of personal information mainly in the perspective of civil law.This paper is divided into four parts:The first part is "the Definition of Right Property to the Personal Information Right".This section first determined that the personal information was the information that a natural person's name, sex, age, race, religion, education, telephone number, ID number, social activities, etc, they alone or in combination could identify that person by the definition of personal information on a variety of pattern analysis. At the same time, due to historical and cultural reasons, the name of personal information is various. Then we obtained its name that should be used in our legislation through comparative analysis of other legislation abroad. And we discussed the meaning of personal information right and the content of the right. At last combined with the suggestions of scholars to the different theories of personal information, personal information was defined as General Personality Right.The second part is "the Infringement and the Relief on Personal Information Right" This part discussed the infringement on the personal information right was mainly directly caused by the improper collection of personal information and improper handling behavior, and the improper collection of personal information and improper handling of the species in detail. At the same time, this section described the relief on the personal information right, including the three aspects, namely, civil, criminal and administrative relief. For the nature of the personal information right, we focus on the civil relief.The third part is "Personal Information Protection Legislation Comparison" This part discussed the current national legislation model and classified them. And mainly discussed the European Union and Germany as typical of legislative-led model, a typical United States-led self-discipline and a combination of two modes Legislation in Japan Then Legislative-led and industry-led self-regulation were compared, and we discussed the advantages and disadvantages of three models respectively.The fourth part is "Protection of Personal Information Legislation and Perfection in our.country". This section first analyzed current legislative situation of protection of personal information in our country, including the constitution, civil law, criminal law, other legal norms, and industry self-discipline, noting no our own model, no clear concept of personal information, the scope of protection narrow, the lack of remedies, no unified law enforcement agencies, Then combining the two existing international legislative models and Japan's legislative model we give out that our country should adopt legislation and self-regulation model to protect rights of personal information, and give out my own six proposals to the shortcomings and deficiencies of our legislation. |
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