A Study On The Judicial Relief Of Personal Information Rights In China

The global informationization movement, which has been beginning in1980s, drives human gradually come into the information society. In the information society, personal information has became an important resource, for this reason, a series of actions have been taking by all sectors of society in the battle for personal information, such as illegal disclosure、 collection using personal information,further more, the executive authorities illegally selling and abusing personal information. Undoubtedly, these actions violated the legitimate interests of the information. After the emergence of personal information, it is become into a legal right inter the legal system, which gradually developed to a new right, that is personal information rights. The behavior, which violates personal information legal interests, is similar to infringe personal information right. Where have right, there have relieve. If we want to achieve an original right, there must have an appropriate remedial right to guarantee. Nowadays, personal information rights have been seriously infringed, so it is an effective way to ensure the personal information rights that improving the personal information right to judicial relief system.Attempting to protect personal information by the judicial relief, you must first clear whether the personal information rights exists or not, which as the original right of judicial relief. I believe that the right of personal information is there, and expressed as a bundle of right. It is new civil rights which citizens should have in the information society. The second, doing an analysis about the necessity of take judicial relief measures. The personal information right to judicial relief turns out to be necessary is due to the following reasons: collecting personal information widely has led information control right lost; information industry lack of self-discipline mechanism, personal information is being violated and so on. Because of its own particularity, personal information rights of judicial relief might be different from others. The differences expressed in the following aspects:the subject qualification, the burden of proof allocation, damage compensation system, etc. Judicial relief is divided into three ways—civil litigation, administrative proceedings and criminal proceedings—Which are have their own deficiencies in the process of personal information right to judicial relief, because there is no the specialized legislation about personal information in China. For example, civil lawsuit defendants are difficult to determine, the burden of proof allocation is unreasonable, the damage compensation mechanism is blank, etc.; And the defects in the administrative litigation is that the form of torts compensation and the scope of compensation are undefined; Relevant criminal law provisions on the personal information infringement crime is too principle to apply in judicial. The author believes that the following methods are able to perfect the personal information right to judicial relief system, and make up for the deficiency about civil litigation, administrative litigation and criminal litigation:1.To improve the basic system of civil litigation, to expand the scope of the subject, to make distribution of the burden of proof between the plaintiff and the defendant reasonable, to establish personal information infringement damage compensation system;2.To refine the scope of responsibility and methods which public sector undertake tort responsibility;3. To make the conviction standard clear on crime of infringement of personal information.