Research On Infringement Of Customer Information Interests By Telephone Marketers And Relief

With the development of modern society, people are becoming more and more concentrate on their own development. At the same time, the interest of the personality right has changed. The content of interests of the personality right concludes not only the interests of portrait and the interests of name, but also the interests of the whole personal image which expresses the unique character of the person. Therefore, it is necessary to protect the interests of the personal image. Personal information is the symbol that featured by character and identity quality during the social communication which distinguishes a person from another. The interests of the personal information conclude the spiritual interests and commercial interests.In a variety of commercial activities, telemarketing means that in order to promote goods sellers make phone call to final consumer directly. It is based on the use of personal information. However, it has been complained quite often. In fact, telemarketing model is an important model for marketing. it can cut down the marketing chain and reduce operational costs. It has a large price advantage. Telemarketing is particularly extensive in the insurance industry. Telemarketing pattern is legal, but it does not mean that the process of marketing operations is legitimate. For example, the harassment of telemarketing is generally prohibited by law. In order to make the sale more targeted, telemarketing must use customer lists. Those customer lists include a lot of customers’ personal information, such as personal views, beliefs, attitudes and their lifestyles. The protection of personal information is more perfect in other countries. But the provisions of personal information protection are too rough in China. The relief way is not clear when customer information has been violated.The first part introduces the concept of telemarketing, and research the relationship between the customer information and telemarketing. It will point out that some telemarketing industry collected incorrectly some personal information and invaded customer privacy. The second part analyzes what is the nature about customer information in telemarketing. This part will analyze attribute of rights of personal information, and concluded that the results of the personal information belong to the category of personality right. Through studying the current personal information industry, to realize the economic value of personal information, and then analyzing the characteristic of the property, it is concluded that the personal information has the nature of property. The third part introduces the responsibility subject and constitutive elements of customer information infringement. By analyzing tort subject types, determine the main body of tort liability. Then analysis four component elements of tort liability concluded the violation of the interests of the personal information. The fourth part is to study the main responsibility. The fourth part study the compensation problem when telemarketing violate the rights of the customer information. It is point the protection of personality interests of customer information and property rights of customer information respectively by comparing the foreign law. The last conclusion is that our country should make greater efforts to protect customer information on the behavior of the telemarketing industry when they are collecting customer information, and respect the freedom of choice for customer when the information right has been violated.