Individual Information Protection By Civil Law In The Network Environment

Network individual information refers to the information that can directly or indirectly identify specific natural person in the network environment. The protection of network individual information has extremely important value for individual, network individual information collection, network service providers and even the society as a whole. Network individual information is the object of personality. It has personality interests. At present, it has many problems to protect network individual information through the right of privacy, reputation, name and image. And it is necessary to set up an independent right of individual information. The path to protect Network individual information is not only includes protection based on tort liability law and contract law, but also includes self-reliance relief and public relief. By observing the practice of foreign countries, we can find that distributed and departmental legislation in America, dominated by self-discipline, will lead to free circulate individual information. The uniform legislation in Britain and Germany provides legal basis for protecting rights and interests of information subject. The compromise between self-discipline mode and uniform legislation was introduced into Japan personal information protection act.In recent years, infringement of network individual information becomes more and more serious. The appraisal of network individual information mainly through illegal behavior, damage result, fault and causality. Imputation principles include imputation principle of fault liability and no-fault liability principle. The principle of no-fault liability applies to governmental agencies. The principle of fault liability applies to non-governmental agencies. Liability subject concludes network individual information infringer, network individual information demanders, network service platform provider. The applicable form for the liability includes ceasing the infringement act, eliminating obstruction or risk, returning the property or compensating for the losses, eliminating the influence, rehabilitating, apologizing.There is a certain feasible to protect network individual information. The path includes control before concluding, protection in concluding and relieve after concluding contract. Information demanders and relating persons constitute a contract relationship of network individual information licensing. The obligations of network individual information demanders includes inform, safekeeping, rational use, safety notice. Internet service provider and information demanders constitute a technical service contract relationship. The parties should be restricted by contract terms and conditions to protect legitimate rights and interests of information subject. Due to low transaction costs, simple trading procedures, the format contract becomes the first choice for contract drafter in the network environment. Our country should strengthen legislative, judicial, administrative regulation to unfair and unreasonable terms.Tort liability law has its deficiency to protect network individual information. The right of network individual information should be prescribed as a kind of specific personality right. We should establish network individual information tort liability system, relief system and damage compensation standard. Punitive damage system should be introduced into our country. In the judicial practice, the judicial organs staff should refer to the provisions strictly. We can consider the " class action lawsuit system " from United States and play a role of the guidance of the typical cases. Contract law also has its deficiency to protect network individual information. In the process of concluding contract, information manager should be asked to draft more necessary clauses with regard to network individual information protection. Administrative organs should also review the format contract for the record. In the performance of contract, information subject should be confer more rights, strengthen the mutual supervision between the parties. Administrative organs should strengthen the administrative supervision on network individual information infringement. The judicial organs should review and control the network individual information format of the contract in the process of trial.