The Personal Information Protection Of The Perspective Of The Theory Of Civil Law

With the wide application of business and information networks, personal information onthe one hand as an information resource is growing, on the other hand is severely abused, toprotect personal information rights, promote the effective use of personal information, asound legal system support is necessary. At this stage, the personal information of ourlegislation is far from perfection, there are still many loopholes in the legislation, the study ofpersonal information to be further in-depth, personal information, the right to object to thepersonal information still remains at the stage of theoretical discussed. Therefore, this articlefocuses on the study of civil law from the perspective of starting, a representative of some ofthe world’s regional and national legislation conducted a comprehensive analysis on China’sprotection of personal information rights of civil law put forward some constructivecomments. Framework of this paper is as follows:The first part of the introduction of personal information rights. Introduces the concept,content, nature and other basic theory of personal information rights. The main object and thecontent of the right to information made certain personal introduction, the nature of the rightto personal information for the current academic controversy exists, the author of four typesof personal information rights of the representative nature of the doctrine were to do acomparison.The second part, through the world of personal information rights of some typicalregional and national legislation related to the protection of comparison, including the UnitedNations and other international organizations, including legislative USA and Germany whichthe two legal representatives of the country, and China’s Taiwan region, on this basis fornational legislation to do some analysis, hoping to provide a useful reference for theprotection of personal information rights.The third part, from the perspective of civil law remedies, tort liability law as anopportunity to point connections, made a part of tort liability for infringement of the right toinformation brief personal analysis. In view of the current law only against the individualright to information on tort liability provisions made, and no clerical provisions breach ofsuch contracts in other areas, so the recommendations in this section will be against personalliability for breach of the right to information and other responsibility and the right to protection of personal information into the system of civil liability.The fourth part, the status of the legal protection of personal information rights of ourcountry are analyzed on the basis of several parts of the front of the development of China’sPersonal Information Protection proposed Reflections, combined December26,2012228thexecutive meeting of the State Council through the introduction of "credit Industrymanagement Regulations", to improve the legal system of personal credit made somecomments, in addition, the system can improve the protection of personal information rightsand norms of personal information through the establishment of trade and legal systems andother means of sharing.The fifth part summarizes the protection of personal information rights imperative needwhich is both economic development is an important issue related to human rights.Throughout the various regions of the world and national legislation based on the protectionof the experience, hoping to learn from the advanced experience of countries the right toprotection of personal information, to make our long-standing gap in the field of personalinformation rights legislation.