Personal Information Property Interest Law Research

This paper is the application of the network, begins with lily disguised sell personalinformation case leads to the subject matter--the study of individual information propertylaw problems of interest.The first part is the research interests of individual information property. The author firstdefines the basic meaning of personal information, personal information property interestsand characteristics, and identify the characteristics of personal information by comparing theindividual information property interests and property rights are not independent, can notform an independent property rights. Subsequently, the academic circle about individualinformation property interest attribute views were briefly analysis, and proves their point ofview: the individual information property interests of right of personality under as subsidiaryinterests, to lay the foundation for the following research..The second, three and four part is the study of how to allocate and regulation ofindividual information property interests. First of all, from the positive point of view, we needto design a reasonable distribution system for personal information property interests, toensure the fair and reasonable distribution of interests, making compensation for equal value;second, from a negative perspective, we also need to design the system of corresponding legalregulation, to prevent the abuse of personal information property interests, property interestsin that process personal information business in the fully realized, personality rights are fullyprotected. Finally, from the perspective of interest balance, reasonable restrictions on personalinformation property interests, to maintain social welfare. The second part of the maintheoretical basis and system design of individual information property interest distributionwas studied, and expounds the author for further consideration of personal informationproperty value. The third part the author mainly studies the damage of individual informationproperty interests of tort and breach of contract. In the part of tort, tort imputation principle,responsibility, the burden of proof and the spirit damage problem in detail; in default, the priorcontract obligations, contractual obligations is expounded his views. Finally, the author of tortliability for the damage of personal information property interests and default liabilityconcurrence is discussed. The fourth part, the author studies the limits on individualinformation property interest reasons from the perspective of interest balance, mainly topromote circulation of information, network information free, open government information public and the protection of personal privacy, restriction of private limited.The fifth part of the author of the property interests of the protection of personalinformation in China and specific recommendations, including to formulate a unified"Personal Information Protection Act;2, to determine the reasonable interests of theprotection of personal information and property standards; clear and reasonable usethe criteria,the entire specification personal information to the commercial use of;4times to expand thescope of protection of the property interests of the personal information, and deal with thedamage behavior of the new type of personal information and property interests;5todetermine the basic principle of the protection of personal information and property interestsreasonable given the judgediscretion; clear legal responsibility for violations of the personalinformation and property interests;7, all-round protection of personal information andproperty interests, to form the Civil Protection of the main parties with personal informationprotection of property interests together...