Research On The Protection Of Personal Information Rights Of Civil Law

Personal information rights is the natural rights about human being’s date of birth,identity uniform numbers, characteristics, fingerprints, marriage, family,education, employment, health, medical history, financial situation, socialactivities sufficient to identify the person, and it is in relation to individual humandignity the rights of information. Characterized in that, the scope of rights holders isuniversal, the object is highly generalized, the right content is extensive, and it isspecified. About the academic nature of personal information rights, there are threeperspectives: Personality right, Property right, and Mixed right. Among the threerepresentatives doctrines, the Personality right is more appropriate.About the legislative model of Personal information rights, compared broad privacylegislation model, general personality legislative model and concrete personalitymodel, we can conclude that China should take concrete personality legislative modeof personal information rights legislation. The necessity of Personal informationrights legislation embodies in the judicial practice, connotation and value. In theJudicial practice, the situations are as follows: illegally stealing information,illegally trade information to others, and unauthorized disclosure of information.About the connotation, Personal information right can make a distinction with theright of privacy, name, portrait, and reputation. Values of Personal informationrights is reflected in the respect for personal freedoms, the security protection ofPersonal information, and the right also constructed on the basis of the informationorder which is to protect the interests of justice under the premise of efficiency.The specific Legislation of Personal information rights embodies in right connotation,infringement manifestations and tort liability. The Right connotation ofPersonal information rights includes Personal Information inquiry right, The right tomodify personal information, Personal Information Archive rights, Personalinformation withheld rights, The right to delete personal information and The right ofPersonal information usufruct. The Infringement manifestations lie in these aspects:unauthorized disclosure others’ information which is legitimate mastered,unauthorized trading information to others in the purpose of profit and stealing others’information which is unpublished by illegal means and hurt the right holders. TheLiability of violating the right to personal information can clearly defined asnon-pecuniary liability and property liability. Non-pecuniary liability includestopping the infringement, eliminating the bad effects and make apologies. Property liability is divided into relieving compensation and punitive compensation. Relievingcompensation focuses on the tort remedy to compensate for the damage,whilepunitive compensation focuses on tort and damages people’s subjective viciousconsequences of punishment.