On The Civil Law Protection Of Personal Information Rights

Personal information refers to the objective information which is separate or can be used to recognize the special person by contrasting with other information and it includes the natural person's name, sex, nationality, birth date, marital status, family status, education background, contact information and so on. Nowadays, in the information society, the social problems caused by information becomes prominent. These problems, such as telephone fraud and text-message harassment, have a great impact on the personal life. However, there is no complete set of legal system to solve the problem of personal information in our country. It is of practical significance to study the civil law protection of personal information.China's legislation does not explicitly specify the personal information right In judicial practice, it is often incorporated into the scope of the protection of privacy. However, the personal information right and the privacy right have obvious differences in the right attribute, the object of the right and the way of protection. The protection method of the privacy right is obviously not suitable for the personal information right. After measuring the value of the connotation of personal information right, this article advocates that the personal information right should be a frame type of personality right, which should be confirmed in the future civil code.There exist many problems in the protection of personal information in our country, such as the incorrect basis of the right of claim, the undefined incidental obligation of the contract about information, the difficulties in confirming the elements in tort liability, the lack of punitive compensation and so on. Therefore, the author advocates the establishment of a complete, unified personal information protection system. In addition to improving our existing civil system, the establishment of specialized personal information protection law is also the path to protect the personal information. By analyzing the status of the protection of personal information in China, the author suggests to adjust the law of personality right, the contract law and the tort liability law to improve the civil system. The law of personality right should determine the right attribute of personal information to lay the foundation for the protection. The contract law should clarify the collateral obligation of the contract and specify the system of breach of contract for personal information to protect it. As for the tort liability law, the author advocates that different subjects are suitable for different imputation principles and it should clarify the constitutive elements of the tort liability of personal information according to the particularity of personal information right. Besides, with regard to the seriousness of the problem of the infringement of personal information, the author advocates to lead in the punishing compensation system to intensify the punishment for violators. In the construction of specialized personal information protection law, the author advocates that our country adopt a unified legislative model by referencing foreign legislation model and expound the basic principles, the subject and obligation of right, the object of right, and the right of the subject of information.