The Legal Attributes Of Personal Information And Civil Law Protection

In modern society, personal information have an increasingly important role. Personalinformation includes the personal material interests. In reality, the personal informationviolations have also occurred, being more and more frequently, which not only seriouslyinfringed the interests of owners of information, but also caused damage on the developmentof the society. In legislation, our country don’t have a special legislation of personalinformation protection, lacking of systems personal information protection. Practical needsrequired us to carry out legislation of personal information as soon as possible. In this paper, itry to explore the attributes of personal information starting, because this is our foundation oflegislation in the area of civil law, and only on foundation of attributes of personalinformation which is defined clearly, we can take appropriate protective measures.The first part of this paper defines the definition of personal information, and on thebasis of this, the second demonstrate the personality attributes and property attributes ofpersonal information; demonstrate the personality of personal information from the worldlegislation background and purpose of personal information, the theoretical basis of personalinformation protection and the realistic foundation; demonstrate the property attributes ofpersonal information from property utilization of the personal information, the social basis,the necessity to protect personal information and the rationality of personal information.In the third part of this paper, i analysis the structure of personal information rights fromthe attributes of personal information. In the fourth part, dual attributes of personalinformation will bring new changes to legislation, and how to regulate the dual attributes ofpersonal information in contract law and tort law so as to protect interests. The contractlaw regulates the transfer of personal information, which can be controlled in owner’s handsto protect economic interests and to prevent damages from transfer of personal information;application of tort law which is a means of Defense regulate personality interests andeconomic interests loss, and introduce the system of punitive damages to ensure the fullprotection of personal information.