Research On The Protection And Rational Utilization Of Personal Information

Personal information is through the direct or indirect way to identify a specific personal information, including information such as name, gender, race, religion, or a combination of the information. The feature of personal information is identifiable and compound, Personal information has the attribute of personality rights. There is a cross overlap relationship between personal information and privacy, personal information of sensitive information should belong to the object of the right of privacy protection and the sensitive information of personal information is not belong to the object of right of privacy protection. Sensitive information mainly covers the scope of the medical,personal beliefs, race, political views and so on, the rest is not sensitive information. At present, countries around the world(region) for the legislation of personal information protection mode mainly includes the unification of the represented by the European Union legislation pattern, represented by the USA is scattered legislation and industry self-discipline mode, as well as represented by Japan is the characteristics of the above two compromise model, our personal information protection in the future legislation should adopt the unity of the European Union legislation pattern, as represented by the United States legislation and compromise model represented by Japan, are one-sided emphasis on economic interests oriented, ignored the protection of the benefit of personality. In the process of legislation in our country should be to carry on the protection of the personality interests and promote the free flow of information, both of the two balance, Through the "contract law" and "tort liability law" to reasonable use and protection of personal information,Build conforms to our country current situation of the development of personal information protection and utilization mechanism.