The Study On The Problem Of Network Tort About Personal Information

In the age of Internet, the rapid spread of information has provided human beings with convenience, but also brought challenges to the security of personal information. Personal information reflects the individual characteristics, which has a close contact with individual.Therefore, in a strangers’ society that is contrary to an acquaintances society, personalities represented by personal information have a vital significance in communication. For these reason, behaviours of improper collection, management and use of personal information,causing restrictions of free will, pecuniary loss and even personal safety problem, should be constrained legally.At present, in our country, the right of personal information is still not a specific right of personality, and relevant legal provisions are only contained in the laws and regulations of departments or judicial interpretation, which have not been formed to a unified legal text. This leads to a short board of the legal protection of personal information. Firstly, this paper uses the concept analysis method to introduce the legal connotation of the personal information network tort, and then analyzes the general theory of the network tort based on the relevant provisions of the latest Tort Liability Law. From above points, combining with the current situation of legislation, problems of our country’s personal information network tort system are found out.Then, using comparative research method and literature research method, proposing to referential experience to developing personal information network tort system protection in our country is presented, through researching of foreign advanced countries’ legislation status.According to above revelation and analysis, of this article, according to the perfection of the legislation, industry self-regulation and improvement of relief approach, the fifth chapter obtains the system of China’s personal information protection system, and proposes to build our Country’s specialised Personal Information Protection Law.Combined with the above point of view, we can see that we should, the research related to personal information network infringement is essential in order to protect the legitimate rights and interests of citizens without creating interference in the normal development of the network,and this is also an urgent social issues that need to be addressed. This paper creates a ‘Trinity’system, based on distinguished experts’ professional opinions in relative field and literaturereview, which makes up the lack of legal protection of personal information network tort law,and it is suggested to introduce specialised People’s Republic of China Personal Information Protection Law so that citizens’ personal information security is well protected.