Study On The Tort Of Civil Personal Information Management

Personal information is basic information about a natural person such as name, sex, and birth date, as well as social experience information such as working experiences and tax records. With this information, we can identify a specific person through searching and comparing. People have been working on collecting, processing, using and exchanging personal information from ancient days. Before computer networks, it was limited by technical level, personal information protection has been easy to accomplish and the infringement against personal information has not been common during a long time. Since1960s, information technology has been widespread and we enter information society. The powerful information processing and exchanging abilities of computers and internet push forward the development of methods of collecting, storing, analyzing, copying, and exchanging on personal information. Gradually, people are starting to worry about the abuse on their information. Nowadays, personal information protection becomes the demand of the times. As we know, western countries have introduced some related laws since1970s. So far, there are over50countries and regions that have specialized laws related to personal information protection around the world.Civil personal information management in tort is unique compared to the general tort, now we don’t have specific provisions in existing laws. To view from the subject of this infringement, it has relative specificity, only the agencies or persons who have the ability to collect personal information on a large scale and manage them will be the subject of this infringement. To vies from the object of this infringement, The object of such violations is a violation of the indirect rights, it doesn’t reflect the infringed damage in many cases, but reflects by other way, such as privacy, property rights and other indirect expression. In order to violations of personal information management, we must study the infringement of personal information management from violations, responsibility principle and the elements of this infringement and so on. Now we have no special law to protect the personal information, it’s practical significance to study the applicable of law to this infringement behavior and propos legislative proposals to specification constraints it from responsibility principle and compensation responsibility.