On The Civil Law Protection Of Information

Before computers, cell phones and other electronic communication tools, theInternet is not yet universal, personal information, like the birds and the animals weretrapped in the valley will be out of the mountains, only in extremely casual occasions,insight into the world to know, and soon people The memorable. However, with thearrival of the information age, sheltered personal information fortress came tumblingdown, and a variety of information to the explosive filled in around us, a variety ofcommercials, junk mail, Administrative Management, etc. all with the free flow ofinformation is closely related. Various conveniences to our lives, but also caused a lotof distress. On the protection of personal information has become more attention.To explain civil law protection of personal information, should first understandwhat personal information In this article, the author has taken the abstract andconcrete type mode, defined as an individual’s name, date of birth, residence, geneticcharacteristics, fingerprints, marriage, family, education, occupation, health, medicalhistory, financial situation, social activities and other identifiable personalinformation. Turn Category interpret the contents of personal information, includingthe right to know of personal information, personal information, decision-makingpower, the right to security of personal information and personal information requestthe right to four parts. Personal information to information is the core content of theright to personal information, the exercise of the right to information, and other rightswill lose its protection.Comes to personal information will not be able to bypass its relations withprivacy, the author in this article on the similarities and differences of personalinformation and privacy system. Can be seen by the above definition of the right topersonal information in identifiable their important characteristics of a range ofpersonal information accumulated superposition is a live full personal. Performanceof personal information of property attributes, namely against often property interests,its remedies are more damages. Privacy in the privacy of its core features, privacyoften cause mental pain relief ways resembles consolation gold. Therefore, if the Privacy feasible way to protect the personal information is not circumspect.Personal information is so important, whether it should be wrapped in layers ofisolation it? The answer is clearly no. As a personality rights, but also theperformance of certain business trends Moreover, the development of e-governmentso that the personal information is reasonably necessary. In this article, the authorthrough the narrative of personal information to run a variety of personal informationheld by the main access to the obligations of the rational use of personal information.Operation of personal information, including the collection, processing andtransmission of personal information. According to the different main hold personalinformation will also be different obligations.Violation of the rational use of obligations manifestations are varied, thePersonal Information Protection Investigation Report "In this article, I refer to theChinese Academy of Social Sciences, written in2008, the case against personalinformation summarized into eight: over-collection, unauthorized disclosure,unauthorized, illegal trade, ultra-purpose use, the relevant agencies can not do tomaster the personal information safekeeping obligations, to master the information isnot accurate, as well as personal information is fraudulent behavior. For infringementof personal information behavior, criminal law, administrative law, civil law andindustry self-regulation of four channels for relief. Which the Criminal LawAmendment (g) provides that the sale of illegally providing personal information ofcitizens and the crime of illegal access to personal information, personal informationto be placed under the protection of the criminal law, change the object of protectionof criminal law narrowly situation in the past, however, as the most severe sanctions,the penalty can not impose sanctions for all offenses. Personal information in theadministrative law norms are scattered scattered specification, the status ofadministrative law has expansionary easy to lead to the abuse of discretion, andtherefore insufficient to protect the personal information rights. As the developmentof industry self-regulatory rules, because of their own lack of enforcement force, theweak performance in the protection of personal information unbearable. Explicitprovisions in the area of civil law is no personal information right, so how in the areaof civil law their relief, became the last part of this article focuses on the object you want to.Should bear the responsibility of the infringement of personal information in thearea of civil law tort liability, contracting fault responsibility or liability for breach ofcontract. Tort Liability Principle in the last part, the constituent elements andresponsibilities bear discusses. Contracting negligence liability obligations source toexplore, elaborate rationality of liability for breach of, the protection of personalinformation in order to better judicial practice.