The Research Of Personal Information Protection In China

By virtue of advanced technology and network, information society is approachingoverwhelmingly. No one in society can shield information and live without the aid ofinformation. When we enjoy the convenience and time superiority brought by information,flooding and poor managed information is used and disseminated by people with viciousintention. This leads to many bad results: social distrusting, increasing transaction costs andimpinge on our own rights. On this familiar issue, though experts and scholars have putforward theory suggestions and legislators have responded actively, many problems ofpersonal information protection are still not clarified. In view of this, after a careful readingof the relevant views of theorists and practitioners on this issue, I hope to concentrate on thenature of information rights to make some inquiry on deepening personal informationprotection.Logic comparative analysis and empirical deductive reasoning method are adopted inthis paper. There are three parts in this paper (except introduction).The first part introduces the background and the theoretical and practical basis forpersonal information: firstly, what is personal information and its theoretical classification;secondly, the definition of personal information rights; lastly, status of legal personalinformation protection and necessity of personal information protection. Through organizingtheories and legislations, this section is to pave the way for further discussion.The second part focuses on the property of personal information right. Firstly, sincepersonal information is with personality interests and property interests, the relationshipbetween personality interests and property interests is the key to clarify the nature ofpersonal information right and can’t be ignored. Secondly, on this basis, this paper centers ondiscussing property of personal information right. There are three statements on property ofpersonal information right: firstly, the nature of personal information property right,including personal duality, invisible property right and real right. Secondly, according to new type of concrete personality right, personal information right should be an independentpersonality right. Thirdly, in accordance with property of personal information privacy, mostpersonal information includes personality interests. It is more effective to protect privacy inthe area of civil law. For the disclosing personal information that can’t be protected byPrivacy Law, it is possible to find corresponding legal basis from other department law.The third part centers on personal information protection right to analyze and constructpersonal information protection system. Firstly, through analysis of Freedom of SpeechTheory, Right-to-Know Theory and Public Products Theory, this section clears the way forpersonal information protection. Secondly, combined with the legal protection of theEuropean Union and the United States, this section aims to establish the value of personalinformation protection in China. Lastly, the author makes suggestions on concept, techniqueand legislation.Therefore, according to China’s national condition and drawing lessons from othercountries and regions, accelerating the process of legalizing personal information protectionis good for protecting information main body’s legal interests and ensuring China’senterprises to participate international competition equally.