On The Civil Protection Of Personal Information

The leakages of personal information occur very frequently and have a trend ofexpanding in recent years. In this year’s International Consumer’s Right Day it was reportedthat colleagues in Industrial and Commercial Bank of China and China Merchant Bank soldand leaked client’s information, which led clients3million yuan’s lost. Personal informationis one of the most important social resources in modern society, both governmental andcommercial institutions are willing to collect personal information in order to make policy orprofits by predicting consumers’ consuming habits, selling commodities to them. Acquiringand depositing personal information have already been an essential characteristic in today’ssociety. However, the development of computer and internet provides great benefits to collectand process different kinds of information, the collection and transformation of informationturn out to be extra ordinarily easy and convenient. Because of the benefits which rooted inpersonal information, the severe trend of making profits by collecting and selling personalinformation in different ways became a big threat to social discipline and public welfare.Based on the importance of protecting personal information, many countries have enacted orare enacting laws for protecting personal information.The personal interests or even the interests of property are the fundamental points inprotecting personal information, so this thesis will focus on civil law, using the Concept oflaw to define the relationships and differences between personal information and relatedconcepts from the point of personal information’s connotation and characteristics, meanwhiledemonstrating the double attributes which included the right of personality and right ofproperty, on the other hand, the thesis involves analyzing on the necessity and feasibilitystudy of personal information protection on the perspective of civil law, and this is a study onthe situation of the civil law’s articles on personal information protection and the problems injudicial practice. By using the method of comparing analysis, the thesis is to inspect personalinformation protecting law provisions in international institutions and foreign countries. Withthe inspiration by those researches and readings, the thesis will give suggestions and strategiesfor the protection system of personal Information in the perspective of Chinese civil law.The creative point of this thesis is the detailed demonstration of theoretic foundation andthe necessity and feasibility of personal information protection in civil law, further it comes toa conclusion that it is feasible for China to establish the concrete personal information righton the field of personal rights and demonstrates it from the perspective of civil law’s theories. Furthermore, this thesis also accentuates the importance of providing special protection to theproperty interests in personal information when protecting the interests of personality ofpersonal information.