A Research About The Right To Personal Information

It has become the hot topic that how to protect information security under the rapiddevelopment of information technology. The commercialization value of personal informationsecurity is on the increase trend as being the major component of information security.Different organizations such as telecom operators, banks, real estate developers establish theirown information data base of their clients or consumers’ personal information which involvesname, gender, age, address and so on. In most occasions, they don’t take any measures toprotect these privacy in result of more and more cases about information disclosure.Meanwhile, the lag of laws also makes the victim in diploma after their information beingviolated. However, it is eagerly needed to set up the right of personal information system.This thesis divides into five parts except introduction and conclusion.The first part is about right of personal information protection emerges on the base ofdemand. Current law provide individual information protection from specific human rightssuch as the right of name, portraiture right, privacy, the right of name etc. It has high risk toamplify interpretation of law for amplified discretion. However, it is urgent to set up thissystem. It is not only helpful to protect human rights, promote the utilization of individualinformation and the overall efficiency, also can complete the protection system and furtherpromote the entire right protection system.In the second part, the writer introduces personal information should be the object ofprotection. Legal nexus of individual information security consists of subject, object andconcept. Individuals are the subject and that is the common view. There are different ways toprotect individual information which is the object due to different history custom and legalpattern. It gives specific explanation of definition, features and categories. Furthermore, itmakes out detailed analysis and comparison between personal information and privacy, dataand relevant objects for a better and clearer understanding. Moreover, the concept of this rightshould be analyzed base on our current legal system and customs because it differs indifferent countries.The third part is about the conception of this right. This part includes the opinions andpenetrated explanation on irrelated regulations about this right from domestic and overseas.The writer considers the right is based on the right of self-determination which includes right to know and to query, right to dissent and to revise, right to seal and to delete, confidentialright and right to get remuneration.The fourth part is the way that how to perform this right. The essential part is how topractice correctly. There are three major means, collecting, processing and utilizing. It isrequired to restrict the perform properly for balance the relation between information and thecollectors, processors and utilizers. Meanwhile, the restriction also maintain the stableexchange situation and free flow of information.In the last part, the writer suggests the relief of this right. Every kind of right should bematch with the corresponding remedy system so does the right of personal informationsecurity. It discusses the responsibility form, imputation rules, requirements and the scale ofcompensation based on the subject of liability. In addition, punitive compensation system ofindividual information security right is suggest for further discussion.