Research On The Civil Protection Of Personal Information

Personal information is able to identify individual information individually or with other information. With the recognition, objectivity, both personality right and property interests, features include. It is necessary for the survival of natural persons, and related to the interests of the personality to be fully protected. In the information era background, personal information has a huge commercial value, which leads to the phenomenon of the illegal collection and trafficking of personal information can be found everywhere. Personal information is bound to suffer from the life and spirit of people, which not only makes the people’s rights suffer, but also serious threat to the social order and public interest. However, our country has no specific legislation for the protection of personal information, and it is not certain that citizens have the right of personal information, which makes the infringement of personal information and the consequences of the lack of regulation and relief, it will lead to social disorder, affecting social stability.In this paper, discusses some problems in academic circles on the personal information? and put forward my own view. Although the personal information protection involves many domains, the civil law is closely linked with the civil life. It can be the most flexible and the largest range of protection of the personal information security. This paper takes the field of civil law as the starting point, and discusses the basic theory and some main problems of the protection of personal information, and draw on the experience of the United States and Germany on personal information protection legislation. The article puts forward how to protect the personal information in our country, I hope that could make a contribution to establish and develop the civil protection of personal information for our country. This paper consists of four parts:The first part is an overview of the civil protection of personal information. The paper expounds the concept of personal information, and describes and compares the use of "personal data", "personal privacy", which is similar to the use of "personal information". In addition, a clear definition of "personal information" as used herein as well as their identification with the recognition, objectivity, and both personalities right and property interests. Then discusses the protection of personal infonnation right of personality theory and theory of privacy.The second part analyzes the current situation of personal information protection legislation in China, analyzes the existing problems. For the civil law protection of personal information are scattered in "civil law" provisions and other legal provisions. The civil protection of personal information is too scattered, the protection scope is too narrow. It’s not clearly to define the right of citizens to enjoy personal information and bear the personal information tort liability. Commercial use of personal information generated by the lack of protection of property interests. These problems make the right of personal information of our citizens cannot be fully protected.The third part is the comparison of the civil protection of personal information of other countries. The author believes that the United States and Germany is the personal information protection legislation of the representative of the country, and analysis of personal information protection between the United States and Germany in the legislative mode, the right foundation and the basic principles. Then get the enlightenment to our country’s personal information legislation.The fourth part is to improve the civil protection of personal information of our country. According to the experience of foreign legislation, the law of personal infonnation protection in our country chooses the unified legislative model, the basic principles of personal information protection should cover the basic content and value orientation. This paper puts forward the basic principle of the personal information protection in our country should include the following principles: Purpose constraint principle, Informed consent principle, Prohibit disclosure principle, Safety principle, Prohibit disclosure principle. To ensure that citizens have the right of personal information, which is beneficial to the citizens to protect their own rights, to effectively prevent the abuse of personal information. It is advantageous to the rights of people to be relieved when the information right is infringed, to complete the tort liability system of infringing upon the right of personal information. By strengthening the commercial use of personal information to protect property interests generated such widespread phenomenon of personal information in today’s business wave of commercial use are to be curbed.