Civil Law Analysis Of The Commercial Use Of Personal Information

As an important resource, commercial use of personal informationhas become an important activity in market,effecting both public interestsand individual interests. Personal information protection should be thebalance of the promotion of consumer rights protection and the promotionof the free flow of information and the rational utilization. Referring tointernational and domestic legislation and commercial practices in China,the writer gives a systematic and comprehensive analysis on thecommercial use of personal information in area of civil law. Allowing thecommercial use of personal information and discussing conditions of itslegitimacy to reach the balance of public interests and the protection ofpersonal rights in the commercial use of personal information。The paper is divided into six parts:In the preface of the paper, the background of the topic, justification ofideas,demonstration methods, innovations and other issues are documented.Chapter I: Analysis on the concept and types of personal information,concept of the commercial use of personal information,and types ofCommercial use of the personal information: data analyses, marketing,personal information transactions and publicity.And give a brief analysis oflegal relationship on the commercial use of personal information.Chapter II: Comparative analysis of social public interests andindividual interests in the commercial use of personal information. Due tothe development and utilization of information resources, new mediadevelopment and customer personal information play a role in competitionin the market,the commercial use of personal information involves thepublic interest of the community. The publicity, property interests ofpersonal rights and the property of personal information are theories to protect interest of subject of personal information. Legislation shouldprovide double protection for personal information: personal rights andproperty rights,and should legalize the commercial use of personalinformation under the conditions of the non-contract，but set limits.Chapter III: Analysis of the conditions for the legality of thecommercial use of personal information. Non-contractualconditions:1.proper user2.scope of information—trival information3.limits of the way to use4.opt-out. Contractual conditions:1. writtenagreement2.use in the scope of agreement.Chapter IV: Regarding to legislation and judicial practice in China,China should establish the rules of the commercial use of personalinformation in civil law.The conclusion is a summary of this paper.