The Civil Law Protection Of Network Personal Information

With the rapid development of information technology, network penetrated into every aspect of life of everyone. Behind the transactions in goods, services and information, the network has become the largest market for personal information collected. Network personal information in addition to the traditional moral rights, whose economic value inherent in the growing concern by the people, and the pursuit of the enormous economic benefits of the network personal information to accelerate the flow of personal information in the Internet. Large-scale collected and used of the network personal information through various channels, network personal information was abused seriously. At present, China has not yet developed and formed a special legislation for protection of network personal information. Infringement of the network personal information is also limited to the relief of the context of moral rights, but effective remedies for infringement of its property attributes failed. Therefore, the development of a dedicated Network Personal Information Protection Act to regulate protection of the network personal information has become increasingly prominent imminent. Dual attributes of personal information from the network, the two aspects -the personality attributes and property attributes of the network personal information to proceed, discusses Civil Relief of the network personal information is infringing the right of personality attributes and property attributes. And with taking the analysis of the legislative model of the U.S., EU and Japan’s Personal Information Protection into consideration, personal information protection system on the network to establish its own proposals. The paper consists of five parts, in which the main contents are as follows:Chapter one:An overview of the network personal information. On the basis of the definition of personal information, it is to sort out the definition of the network personal information, and compare the differences and connections between the network personal information and internet privacy. The focus of analysis has the dual properties of the network personal information, namely the right of personality attributes and property attributes.Chapter two:Hazards analysis of network personal information has been infringed, the need for analysis of protection of the network personal information from the two main aspects-- human dignity and property rights for the protection of personal information.Chapter three:Proceed from the dual attributes of the network personal information, comprehensive discussion of the civil remedies of the network personal information. Defined by analysis of the network personal information property rights, content of rights and protection, focuses on analysis of the civil remedies of the property attributes of network personal information.Chapter four:Analysis of three typical personal information protected mode American model scattered legislation on the protection of privacy interests, the EU model based on legal regulation, and Japan to take the compromise mode to be funded to provide a useful reference for the formulation of our personal information protection law.Chapter five:Protection of the network personal information from the civil point of views the introduction of the conservation status of the Chinese personal information and makes the evaluation on the basis of legislative proposals.