The Right To Personal Information: Under The Background Of The Internet

Since the 1990 s, the boomingly developing Internet technology, has been widely applied in various fields. The development of the Internet has gone through three stages, Web 1.0, 2.0 and 3.0, User participation in ascension, as a result, the Internet enterprise to the users’ personal information collection and storage are gradually become the outcome of the technology is difficult to avoid. Out of concern for information security, the United States and European countries, such as Germany, started with the right of privacy and the theory of the right to self-determination, refer to the existing specification, formulate relevant laws, to confirm personal information rights, and power, to protect it, as a response to the risk of information under the background of collecting personal data through the Internet.After the reform and opening up, the development of Chinese Internet industry has synchronized with developed countries such as the United States and Germany. Local giants of the Internet industry such as Baidu, Tencent and Alibaba had already gained international influences. Meanwhile, under the impetus of these Internet companies, Internet technology continually expand into different fields of application, the deepening application extent. And start with combination of traditional industry, produce all kinds of new forms of industry. Thus synchronization with the European 2 and American countries appear the structural risk of personal information. Accordingly, China has begun to formulate the personal information protection act since 2002, but the slow process of legislation, has yet to gain substantial results, only produced nearly 10 scattered administrative rules. Is on the rise of the development of the Internet, make legal science maintained high attention problems of personal information rights, the personal information in the ten years has been a hot research topic, generated a lot of research results, these results are often uses the comparison research method, respectively, profits from the right to privacy and information and self-determination theory, attempts to influence the legislative process of personal information protection act.In fact, as legal theories been transplanted, privacy theory was created in the end of the 19 th century, and the right to self-determination of personal information was developed in the middle of the twentieth century, both of these two theories are “pre-Internet”, is the legal theory and practice to the social problem at that time of the corresponding, difficult to adapt to the current Internet under the background of social relations in the change of form and content. On the main body of legal relationship and social relationship, compared with the two theory embodies the private or private between private subject and subject of unidimensional relationship with the male body, under the background of Internet information relationship has been evolving personal(or social)- Internet companies(or industry)- state(or the government) constitute an organic whole of the tripartite main body, three parties have their own position in this a series of relations and interests, legal theory and legal practice should respond to this a series of change, update accordingly.Therefore, based on the theory of "paradigm" and "autopoietic system" as the theoretical tool, the evolution of the Internet technology, and the technology development caused by the change of social relations and make inspection, and combined with the existing legal theory and specifications, tries to induce personal information rights shall have the factor of subjectivity, object and content, to sketch out a conforms to the universal law of practical reason and legal development, on the right content limited, personal information right under the Internet environment.