The Legal Attributes Of The Right Of Individual Information

Individual information is any objective information belongs to natural person which can directly or indirectly identify him or her. There are different opinions in Academia as to the legal attributes of individual information because of the complexity of individual information itself. Being the core problem in the legislation of protecting individual information that must be firstly solved, this thesis presents the argument that the right of personal information should be a personality right which contains property interest on the background of Chinese law. This argument is discussed in several following aspects:The first part of the thesis introduces the fact that the right of personal information is prone to public power and equal party, analyses the deletion of the current legal regulation and the necessity of the legislation on individual information. Thus indicates the importance of making the legal attributes of individual information clear.The second part of the thesis summarizes the main theories in Academia as to the legal attributes of individual information. Including "fundamental right theory" and "private legal right theory", the latter includes "property right theory","personality right theory" and "privacy right theory".This part also introduces the main points and supporting arguments of these theories.The third part is the author’s opinion. By large and small, explains the reasons why the author chooses the "private legal right theory" rather than the "fundamental right theory" chooses the "personality right theory" instead of the other two, but recognizes the property part of the right of individual information.The fourth part of the thesis is the legislative construction of the right of individual information. Basing on foregoing parts, firstly evaluates 《The Law for protecting individual information (Expert Proposal draft)》, then puts forward the author’s legislative idea. Including the legislative idea of the law and the prospects for the status of the individual information right in the civil code in the near future.The fifth part is a conclusion, briefly summarizing all the arguments of this thesis.