Legal Liability Analysis Of The Commercial Use Of Personal Information

Since the last century, the rapid development of information technology has promoted economic social progress observably, and brought huge revolution to the lifestyle of people. The personal information also play a more and more important role in market activities. As an important resource, with the huge economic interests, the use of personal information in commercial activities is endless, and it brings great threat to citizens’personal information security. Compared with the laws in other countries and regions, this paper studies the existing legislation and legal theory in China and analyzes the behavior of commercial use of personal information in a more comprehensive analysis and research, in order to help citizen to get protection and relief when their rights are violated in real life. This article is divided into three parts.The first part discusses the legal connotation and the present situation of commercial use of personal information, and studies and summarizes the current situation of legal protection of personal information in our country at present. First of all, this part discusses the legal concept of commercial use of personal information. Based on the research of the legislation and the literature at home and abroad, this paper follows the habit of our country’s legal language and uses the term of "the use of personal information". Then this part analyses and summarizes the usual ways of commercial use of personal information in real. Finally, this part discusses the present situation of legislation of personal information protection in China.The second part discusses the legal define of personal information when it is used reasonable commercially and a series of legal problems triggered by commercial abuse of personal information. First of all, this study analyzes the main legal relationship involved in the behaviors of commercial use of personal information. Then this part discusses the legal definition of rational commercial use of personal information. Finally, this part analyzes the legal problems triggered by commercial abuse of personal information at present in our country, they are mainly include of infringement of individual personality rights and property rights and criminal.The third part discusses the legal responsibility of commercial abuse of personal information. This part mainly analyzes the legal responsibility of commercial abuse of personal information from the perspective of civil liability and criminal liability. Behaviors of personal information’s commercial abuse mainly relates to the civil liability of the liability for breach of contract, tort liability and other liability. Criminal liability mainly relates to the crime of "sale or illegally provision of citizens’ personal information".