On The Civil Protection Of The Right Of Personal Information

Personal information, as a recognizable symbol system of one kind which can be associated with certain natural person, reflect personal characteristics and make connection between natural personal and society, has gained little recognition in legal protection system. With the popularization of computer use and progress of communications technology, human beings have stepped into an information society and benefit a lot from the conveniences brought by the advancement of science and technology, while at the same time, we are also experiencing various social problems in which the infringement of the right of personal information has getting worse and worse. With the era of big data around the corner, any probably insignificant or negligible information may lead to huge infringement to the right of personal information. Thus, it has become a commonly task of various disciplines of philosophy and social science that how to solve the conflicts of interest generated by the transference of persoal information in which law has played an significant roal.A set of effective enforcement mechanisms to protect personal information after a theorectical study of the laws concerning it and establishment of an unified legal protection system of it is of decisive significance to the establishment, application, treatment and protection of the right of personal information. Hence, research on the protection of the right of personal information has become a hot issue in law field, especially in civil law system. The thesis, focusing on the right of personal information, examines the defination of legal adjustment range of the law concerning the protection of the right and gives an introduction to the related regulations in foreign coutries. After that, based on analysis in a positivistic manner of the current status of Chinese legislation, the thesis provides some suggestions concerning the legal nature, legislative mode, applicable principles and specific rules, etc.The thesis is structured in five chapters before which is a brief introduction of the impact of the big data on the protection of personal information and some new issues brought by it.Chapter1examines the right foundation of personal information and make a distinction between the right of personal privacy and right of privacy in order to clarify the defination of the right of personal information.Chapter2mainly focuses on the definition of the legal adjustment range of the protection law concerning personal information. In this part, the thesis first defines the subject range of personal information, and then make a distinction between natural person and legal person after which it gives the definition of personal information.Chapter3is an evaluation of current situation of legislation concerning personal information. The thesis gives an overview of personal information legislation of three typical nations or areas which are the European Union (EU), the United State of American (USA), and Australia by generalizing the basic rules of legislation of personal information protection and making a comparison and analysis between them in an attempt to provide experiences to construct legal system of personal informaton protection in China.Chapter4discribes in more detail the current legislaton status in China and some existing issues as well. The thesis explores the existing protection laws of personal information protection and related legislation drafts and expert proposal drafts based on which the thesis concludes the deficiencies of legislatoin in China and the influences on the personal information protection brought by such deficiencies.The thesis closes in Chpater5with suggestions to the legislation of personal information protection in China in the future. This part is divided into four parts. The first part clarifies the civil law nature of the personal information protection laws; after a comparative analysis on the legislative modes of areas such as EU and the USA, the second part argues that a unified legislative mode of personal information protection are appropriate for China; the third part brings up five principles of personal information protection laws which applicable in the future China based on the analysis of principles applied in the legislation of personal information protection in foreign countries. The five principles are the consent of information subjects, minimization of information processing, information quality and safety, participation of information sujects and registration and reporting of information processing; the last part emphasizes some specific rules that should be noted in the legislation of personal information protection including general provisions of some exceptions and limitations, the rules for handling personal information in news report and sensitive information.