Research On Civil Protection Of Personal Information

Today's society has stepped into the information age, personal information has become an important resource of the society. With the rapid development of information technology, personal information has the digital features, which not only improve the efficiency of the government and the ability of management, but also provide the source of production for the enterprises to expand the profits. However, in such circumstances, the security crisis of personal information has been caused in spite of enjoying the benefits that the personal information brought. The phenomenon of free processing and transfer of the personal information is growing worse. In this regard, a considerable number of countries have developed a comprehensive laws and institutions for the civil protection of personal information. But China has not enacted the relevant legislation, which is obviously not conducive to the civil protection of personal information. All the relevant laws in the field of civic law are linked to civic life closely, which is the most flexible and extensive with regard to the protection of personal information. Thus, proceeding from China's concrete conditions, this paper adopts the method of comparative study by drawing from the protection of personal information in foreign legal system in order to make a further study about the issues of personal information, in which the field of civil legislation acted as the core. Besides, this paper focuses on analyzing the issues in the civil protection of personal information and puts forward the relevant recommendations so that to benefit the study of the civil protection of personal information.This paper is divided into four parts, which reads as follows:The first part is an overview of civil protection of personal information. This chapter introduces several custom modes systematically in terms of the concept of personal information which specifically includes relational mode, privacy mode and recognized mode. The scope of personal information in the relational model is defined too broadly, which provides the protection whether it can identify the personal information or not, which is clearly not conducive to the rational use of judicial resources. The scope of personal information in privacy mode is concerned to be defined more narrowly compared with the relational model, which only includes the partial information pertaining to personal privacy without any reasonable protection for personal information. The personal information in the pattern of recognition seems more certain and thoughtful, and therefore this kind of mode is supported in this paper. After that, the objectivity and recognition of personal information and other features are discussed in detail. What's more, on the basis of the theoretical analysis above, personal information is classified in detail with a different perspective in order to understand the personal information deeply.However, there are different kinds of ideas with regard to the identification of the attributes of personal information, which includes "Ownership theory", "Privacy theory" "the right of personality theory". In respect to "Ownership theory", personal information not only has property interests, but also the personality interests, and the protection of personal information primarily to protect personality interests rather than the interests of property. In terms of "Privacy theory", there are differences between the civil law and the common law system in Europe and America. For instance, among common law countries such as America, because of its unique environment, "privacy theory" is able to be applied. But in civil law countries, "privacy" only refers to the private section. The partial information of personal information cannot be protected if "privacy theory" is directly applied. For the right of personality theory, the property attribute of personal information is reflected while highlighting the personality attributes of personal information. Property attribute is dependent on the existence of personal property which reflects a comprehensive, diversity and personal interests. This paper holds the view that it is more conducive to protect personal information by protecting the personal information as the right of personality. Based on the above theories, the significance of the protection of personal information in the field of civil law is illustrated. In the second chapter, the relevant legislations on civil protection of personal information in many countries overseas were listed and analyzed, which is mainly studied through the related legislations in the United States, Germany, Japan, and Hong Kong and Taiwan of China. The representative legislations on civil protection of personal information in these countries as well as in Hong Kong and Taiwan are illustrated in detail, which aims to recognize the shortcomings existed in the civil protection of personal information and derive some inspiration to build the solid foundation, so that the legislations can be improved on the basis of learning from the advanced legislations in above countries.The third chapter mainly analyzes the issues which are involved in the civil protection of personal information. Only obtain a deeper understanding on the basis of the status quo of civil protection of personal information do we really find out where the problem lies and to improve the laws. First of all, the relatively imperfect legislation leads to the lack of uniformity about the laws and regulations of the civil protection of personal information. In addition, the scope of its protected mode is too narrow so that there are some limitations between the extent and the range of civil protection of personal information. What's more, the important intrinsic attributeproperty attribute is ignored by the relevant provisions of civil protection of personal information, which leads to the obstacles in the identification and implementation of personal information, and the limitations of the construction of personal information simultaneously. Finally, the civil right of the right of personal information is not clearly defined in our laws, which leads to the poor civil liability system so that personal information cannot be strongly protected.The fourth chapter puts forward the corresponding improvements in terms of the issues raised in chapter three through drawing the regulations of other countries on the premise of corresponding purpose of legislation in China. Firstly, establish a unified Personal Information Protection Act and concern the basic principle and main content of the civil protection of personal information. Besides, expand the scope of the protection of personal information and fill the gaps as much as possible to obtain a more comprehensive protection. Furthermore, identify the property attribute of personal information. This not just protects the subject right of personal information but also prevents the abuse of personal information effectively. Finally, establish the right of personal information as a specific personality right, and on this basis, tort liability system of personal information can be improved from four aspects, including liability fixation, component elements, responsibility approach and exemptions.