Personal Information Protection Law Under The Network Environment

The personal information as to reflect the individual characteristics, symbol system can identify individual identity; its security is not only the basic rights of citizens more relationship, the relationship between economic development and social stability. Especially under the environment of network, the importance of personal information has become increasingly prominent, At the same time, the collection, utilization is increasing, The personal information tort is even more serious. The current our country still lack of personal information protection, Especially in recent years, the emergence of a large number of violations of the right to personal information of the case, to the protection of personal information the wake-up call. To provide theoretical support and practical reference to establishing the right of personal information can be effective for the protection of personal information, is the premise and foundation for the protection of personal information. Therefore, establishing the concept of the right of personal information, formulate personal information protection, protection system of the personal information right, is to build a safe、efficient and harmonious personal information using the inevitable requirement of environment.The first part introduces the concept of the personal information right, analyzes the necessity of the personal information right established as an independent civil rights. The right of personal information on establishing the right of personal information right, can provide comprehensive legal relief to victims, At the same time can be better coordination with other protection mechanism; And the legal attribute of the right of personal information is summarized, the right of personal information is independent of the civil rights with a privacy right, property right and personality right. The second part of the article expounds the right of personal information protection issues, From the government, enterprise and individual three aspects of tort, and introduces the current situation of legal protection of personal information in china, Analysis of the legislative situation and problems of personal information protection in our country; the current our country to protect personal information, although the Constitution and other laws and regulations stipulation, but the lack of a specific personal information protection law, and ignore the right of personal information on citizens’ oversight, accountability mechanisms are inadequate; then the author analyses the inadequate protection of the personal information right under the network environment, especially the influence of network environment on the protection of the personal information right.The third part introduces the current situation of foreign personal information right, under the network environment, mainly aiming at two typical protection modes of EU and American analysis. The author thinks, the establishment of protection mode of personal information right in China, can fully absorb the EU legislation and American industry self-regulation practices, to unify the legislation as the basis, and expand the industry self-regulation in the field of protection of personal information of our function.The fourth part put forward some suggestions to protect the right of personal information under the network environment, the protection to improve personal information right in China; the author thinks, establish protection system of the right of personal information, to ensure the security of the personal information’s the primary target, the legislative purpose of the final is to ensure that the personal information collected by the harmonious environment. Specifically, first, from the legislative point of view, the personal information protection law to the right of the personal information as the basis to formulate a unified; secondly, attention should be paid to the role of industry self-regulation model, strengthen self-discipline, improve the supervision and management of the market; finally, from the point of view of personal point of view, With network real name means, strengthen the crackdown on violations of the right to personal information of citizens behavior.