On The Violation Of The Civil Liability Of The Personal Information

With the rapid economic development, personal information in the cyber era is full of greater commercial value. The infringement upon personnel information frequently arises out of benefit. The symptom of Information Thirst is thriving in numerous enterprises and commercial institutions in that they try their utmost to finch or buy others'personal information regardless whatever methods they employ for all verities of purposes such as marketing to grab economic gains. The huge drain of personal information renders almost everyone transparent. Only relievable rights are the real and genuine rights while personal information has been under proper protection of laws and regulations before. The Protection of Personal information of china involved Only in the individual provisions of Constitution, Criminal law, local laws and other legal documents, general and fragmented, lack of the Systematic, complete, comprehensive protection to personal information. Though the existing legislation reflects the spirit of protection of personal information, did not confirm the personal information rights as legal. The Amendment VII to the Criminal Law of the People's Republic of China specify the crime of illegally obtaining citizens'personal information, which means the upgrading of protection for personal information in China to lawful protection. However, punishment against the infringers is specified only in criminal area while the protection of interest of victims is in need of the regulation of laws and regulations. With a view to maintaining social and economic order, it is a must for social development to define the right of personal information of citizens and stipulate the civil relievable measures.Studies on personal information made by Scholars in China have begun to take shape while studies on civil responsibility for infringement on personal information are minor. Experts suggested more specifications on administrative and criminal responsibilities and fewer specifications on civil responsibilities. By contrast, this paper makes elaborate studies on the civil responsibilities for infringement on personal information with a view to propelling the further studies on theories on personal information protection, the establishment and gradual improvement of related laws and regulations and therefore to the benefit of the development of legal system. This paper can be divided into five parts, of which, the first part will introduce a case of privacy infringement; the second part will relate some stipulations of existing laws and regulations to the case; the third part will analyze the focus of the case: the defining of citizens'rights and the law applicability of the case; the forth part is one of the key parts of the paper. It will expound on the controversy and different opinions of the case and point out the existence of privacy and personal information overlap, but there are differences. The privacy provision is difficult to protect the all personal information of citizens; commercialization trend for personal information, the provision of privacy is difficult to remedy violations of the relevant provisions of the civil liability of personal information. The last part is the purpose of this paper. On the basis of what discussed in the former parts, it will draw conclusions from the case that our country shall establish right of personal information and acknowledge the commercialization of personal information and probe into the establishment and improvement of civil responsibilities regarding personal information in our country.