On The Independent Protection Of Personal Information Rights In China

With the advancement of the information process, because of personal information with the dignity and freedom of human value, the value of public management and economic use of multiple values, personal information at an unprecedented rate of development and utilization. The use of personal information in promoting social development, at the same time, also increased the rights and interests of the main information subject to the risk of threats and abuse, which gave birth to the needs of the protection of personal information, but in our country's personal information of legislation to protect the value of is still in the exploration stage, relevant legislation is not perfect. Human beings into the information society, personal information and privacy are inextricably linked. In our country, the civil law protection system of the right of privacy, the privacy right as a specific personality right protection, focuses on the human dignity and personal freedom, so that the protection of personal information is weak. Along with the advance of the information process of our country, the relationship between the main body and the interest relationship is complicated and varied, and the legislation policy should be adopted to protect the personal information. Personal information protection is therefore faced with the adjustment of the legal system, that is, not only to concern for the violation of the remedy, more attention should be paid to the risk of leakage of personal information in advance to prevent and control,(1) in order to comply with the development of information society. Accordingly, in view of the civil law protection of personal information, from angle of system effect of recommendations to the compilation of the civil code for it,(2) in the civil law to personal information for the establishment of the life, health, privacy and other civil rights and listed as a independent of the specific personality rights. this is clearly a private law attribute of personal information, also for judicial provides direct basis for decision to maximize play value compensation function of tort liability law. It also laid the foundation for the future development of the personal information protection law. In the legal system, the establishment of any kind of new rights, protection and its continuous evolution and development, are the human dignity and freedom to be further respected performance. The establishment and protection of personal information right is no exception. The independent protection of the legal right to personal information is a manifestation of the further improvement of the rule of law, which is produced and developed in the interwoven and conflict with other rights and interests, and will continue to move forward along this road.This paper is to explore the way of this idea:The first part: the rule of law in the process of change, defined the connotation of the legal meaning of personal information. Firstly, and the boundary of the personal information right and the right of privacy the distinction between the relationship between personal information and privacy, elaborated from privacy to the personal information of the society.provides the possibility for the independent protection of personal information right.The second part: the problems and reasons of the protection of personal information in our country. First, the judicial status of disputes from the frequent occurrence of personal information as a starting point, this paper introduces the theory and judicial practice of the personal information protection, analyzes the problems of China's protection of personal information; according to the classification, specific perspective of the right of personal information of our country independent holding supporting the status quo were summarized and analyzed, and expounds the historical process of the protection of the right of privacy and its achievements and shortcomings. Further discusses the limitations and causes of current legal protection of personal information, especially the rights of property of the right of personal information is not clear, resulting in by the infringer's foundation of right of claim is not clear, which leads to the confusion of the current application of law.The third part: the evidence of the independent protection of personal information rights in our country. Firstly, combined with the background of information society has made the detailed demonstration of the value of personal information; in reality the frequent occurrence of personal information disputes, discusses the strengthening of the protection of personal information realistic causes and laws to establish the theoretical basis of personal information. From the history of our system of civil rights evolution rules of, combined with advantages of the tort liability law in the protection of the rights of the civil compensation of value. Accordingly, demonstrates the establish the right of personal information as a separate specific rights have important practical significance in the civil law.The fourth part: the reference of the independent protection of overseas personal information rights. By comparing the observation of law independent protection of personal information, introduces the economic cooperation and Development Council for economic co operation and development(OECD) and Asia Pacific Economic Cooperation(APEC) on the protection of personal privacy information concept and framework, without fear of exaggeration that the international organization of system philosophy will be the internationalization of the global personal information protection level of the rule of law, to a new height. On the personal information protection legislation characteristics and the reasons of the formation are outlined, from the perspective of comparative law focuses on the practical experience of China's Hong Kong and Macao Special Administrative Region of the personal information protection legislation, in order to achieve the optimal choice of the independent protection of personal information in China to provide a useful reference.The fifth part: the construction of the independent protection of personal information rights in our country. First on the different research group wrote the right of personal information of the general principles of the civil law "draft expert advice" independent protective elaborated his views; discusses the attribute of the right to personal information multi, multi value, the legislation to protect to combined with China's reality, do a good job on the legislative history and heritage. Aiming at personal information disputes occur frequently, and starting from the independent protection of personal information the system effect, from a legal point of view proposed to independent protection of personal information right as far as possible specific, type and a system, establish and improve the rule of law for the protection of personal information, in order to conform to the development of the information society. Finally, in the era of the Internet and the digital economy background, the general trend in the atmosphere, on how to coordinate the relationship between the protection of personal information and information for rational circulation proposed the balance of individual interests of specific institutional arrangements and the establishment of personal information protection of diversified management of opinion, in order to cope with the challenges brought about by the information technology. In order to the perfection of our country for personal information protection legal system.