Personal Information Right Protection Of Civil Law

With the rapid development of Internet technology, the human society into the information age, information becomes one of the basic resources for the society, its importance is not inferior to energy. People shopping via the Internet, make friends, and so on will record the personal information, commercial organizations are often inseparable from the mass of information collection and utilization. As a result, the extensive use of information, makes its value more and more important, there are even a consulting firm, etc. Based on the information of business organization. And the important value of information will lead to the infringement behavior occurs, the infringement of various information, social order is serious challenge. First, business organizations may cause the infringement, as some business organizations through illegal trade access to personal information for commercial purposes, believe that everyone has more than once received selling cars, real estate or fraud phone, mail, the peace of private life causing severe damage to citizens. Second, the right of personal information largely squeezed by public power at the meeting. "Prism door" events such as the United States, and highlights the public power of a serious violation of personal information rights, government power to intervene is of no guarantee citizens’ personal information. Finally, large-scale personal information leak can even lead to national security and public security crisis. Such as CCTV has just recently reported, apple mobile phone can be the background to collect information about users, and in the era of big data, through the information probably can summary analysis to collect information and thus draw some data involving national security.Therefore, the personal information protection increasingly become a global legal problems, more and more countries and international organizations have right of legislation of personal information into the system to protect the rights and obligations. In our country, relating to the personal information protection law referring to part of the law and special law, no complete system, protect the weak, and in the civil rights system, and no personal information rights and rise to a legal right to actual cases is mostly to privacy protection, is not conducive to the maintenance of personal rights and interests.Based on the perspective of civil law, this paper points four parts to explore the right of personal information protection in China:The first part, summarized in this paper, the basic personal information and personal information right. Take recognition model to define the personal information for can directly or indirectly, to identify the personal information, personal information, the difference between the personal data and privacy this concept to illustrate why should adopt legislation on personal information expression, on the legal attribute is adopted "personality right object", in addition to personal information classified as general personal information and sensitive personal information. Summarize the concept of personal information rights, think the right of personal information, information is subject to the individual information data shall have the right to dominate, control and eliminate others enjoy. And from the subject, object and the exercising way shows its characteristics. Further analysis concluded that the right of personal information rights nature shall be the concrete personality right. In addition, from the scope of the object, right nature, right content and protect way four aspects to compare the difference between the right of personal information and privacy and contact, think they are the two relatively independent rights category.The second part, summarizes our country civil law protecting the right of personal information of the status and existing problems. Summarized the history of China’s civil law protecting the right of personal information status and the status quo, enumerates the current legislation of our country’s civil law protecting the right of personal information. Through the analysis of the protection of our country, summarizes the problems existing in the our country civil law protecting the right of personal information, think that the traditional legal experience cannot solve the emerging right of personal information protection, reality right of personal information protection of civil law protection range is narrow, lack of special legislation, only for some personal information processing behavior and protect limited these problems.The third part, listed abroad about personal information rights protection status of civil law. List the countries concerned, the civil law protection of personal information right three representative countries including the United States, Germany and Japan. Listed second, international organizations or institutions, the civil law protection of personal information right, including the organization for economic cooperation and development, the United Nations and the European Union three of the most influential international organization. Finally, the way of the right of personal information protection is summarized as scattered legislation patterns, unified legislation mode and three tradeoff model, and analyzed their advantages and disadvantages, to provide below right of personal information protection legislation in our country.The fourth part, the right of personal information to our country civil law protect the further perfect Suggestions. Here is the core part of this article, mainly about the author views on China’s civil law protecting the right of personal information. In that our country should formulate a personal information rights, on the basis of the basic law, according to the third part analyses the right of personal information legislation compromise mode shall be adopted. Then, the paper expounds the contents of the our country civil law protecting the right of personal information should include, and refer to the relevant legislation purpose determination principle, the principle of informed consent is designed, the principle of public, personal participation principle, security principle, the principle of responsibility six basic principles, summarizes the Settings, the right of access to power, the correction of the power, storage power, storage power, usufruct six right content, and behavior from infringement, distribution of burden of proof and civil responsibility from three aspects, made a set of the right of personal information protection. In addition, from the public interests, the third person and the public’s right to know the three Angle discusses the restriction on the right of personal information. Finally, through the analysis that the right of personal information protection should be introduced on behalf of the lawsuit system, not only conducive to protecting the rights of information subjects, also avoid the waste of judicial resources.