Civil Protection Of Personal Information Rights

Modern world is an information explosion era which is full of all kinds of information increasingly changing the way we work and live. In such a society, the importance of information is also shown incisively and vividly. The personal information as an information is becoming more and more significant with its increasing of status and role. And the collection, collation and use of the personal information are more and more common which makes the personal information get out of the shackles of the traditional ethics of personality and come into the business world, turn into the object people pursued competently. This phenomenon will not only let the field become the focus, but also make personal information in a blank area of law violated unceasingly under this profit-driven. Therefore, as the product of the game interests, personal information rights have come into being in this background. However, for such a new type of rights which shoulder double protection liabilities of personality and property interests the scholars have different ideas about how to protect and judge it. Especially in recent years with the further study to the public right in U.S., many scholars tend to agree with the recognition of property attributes and advocate the protection of property law which deviates from the personality essence of the personal information right. Thus, on one hand, this article tries to determine the reasonable definition and essence of personal information right from the essence of the double characters of personality and property completely and carefully. On the other hand, revisit and redefine the right scope of the personal information right under the new era and preference of the personality protection mode in the construction of personal information rights, and show the reasonableness of the personality law protection of personal information rights from multi-aspect views in order to form the personal information rights under the model of personality rights.Besides the introduction part, this article is divided into three parts which go forward gradually from the concept and character to the rights relief. The first part puts forward the necessity and feasibility of establishing the personal information rights based on analyzing the commercial use condition of personal information and the law regulating the situation, meanwhile briefly illustrates the concept and connotation of the right, and defines the object of this article. The second part focuses on the analysis of personal information rights as the basis the paper argues. This part mainly starts from the analysis to the double benefits of the personal information based on clarifying the coexistence of independence and unity, integration and distinctive importance between personal interests and the interests of property, and specifies the image with the center of personality interests and subsidiary of property interests and then build the foundation of personality attributes of personal information rights from the essence of personal information rights. In addition, this article interprets the understanding mistakes of the point of property law in depth and also investigates the integrating degree of the personality attributes and personal information rights and the possibility and necessity of the personality attributes to the property elements. Consequently, the personality attributes of personal information rights can be approved from the possible attribution of the personality again. The third part researches the liability principles, components, the reasons to reduce the liability, the range of liability and bearing methods of personal information right tort on the basis of personality attributes of personal information rights in order to provide comprehensive protection for the personal information rights through the Tort Liability Act.