Civil Protection Of Personal Information

In recent years, the leakage of personal information happens frequently, such as harassing phone calls, spam, human flesh search, which not only cause great inconvenience to the individual’s life, but also a serious threat to the security of the personal information of life. Especially in today’s rapid development of network technology, fast speed due to spread through the network and make it the first choice for today’s human access to information. More and more people exchange information through the Internet, looking for information or even teaching and research. But it is undeniable that the network brought convenience for people with unprecedented challenges to the protection of personal information. With the rapid development of internet, the deepening of economic globalization, the flow value in personal information and the lag Civil Protection of personal information makes that the personal information of infringement cases will be more difficult to predict and the existing legal remedies far from being able to solve new problems of personal information in real life. And compare to the more mature Western personal information protection legislation, our legislation on personal information protection system is also extremely relevant scarce and inability of protecting the current personal information.In the face of complex infringement of personal information, our personal information protection legislation and related civil law system is far lagging behind the needs of social development, and how to protect your personal information has become a problem that our country’s civil legislation can’t ignore.Due to personal interests and property interests in personal information is the foundation for protection therefore,this paper starts with elaborating connotation and feature of personal information, analyzes the difference between personal information and other related concept and determines that personal information should be protected by civil law. Then this paper analyzes the current situation of civil legislation, judicial practice and academic attitude, and then points the main problem. Finally, this paper puts forward specific recommendations for the main problems of personal information protection, in order to improve the protection of personal information.The innovation of this paper is to define the personal information is concrete personality right with property interests. First, on the basis of distinguishing the personal right and property right, this paper pointed out the property interests in personal information due to its personal interests, which mains the personal information right should be the essential attribute of personality rights. Secondly, based on the gap between the west and our country on the privacy implications, it is clear that the personal information should not be included in privacy. Finally, from the overview of academic debate on "general personality" and "concrete personality", this paper established concrete personality status of personal information rights...