The Civil Law Protection Of Personal Information In The Telephone Marketing

Telemarketing in modern society, in addition to promoting social and economic development, it will also brings some negative effects to individuals, likely to cause the violation of individual rights.Telemarketing personal information for its economic value is different from the ordinary personal information, such information carrying the personal interests and the interests of individual property, but it tend to personal interests, so it should be defined as legal property right of personality attributes. At present, China's existing laws and regulations do not have a clear legal status of personal information rights, nor specific measures Telemarketing protection of personal information, so that the legitimate rights and interests of individuals are difficult to maintain. I believe that by drawing on the successful experience of the United States and Germany in Telemarketing protection of personal information, combined with the existing provisions of our country, should first clear individual right to information as an independent personality right provisions in the Civil Code of Personal Right, and the right to information in personal items under personal information to telemarketing for earmarking provisions. Secondly liability in respect of personal information against the introduction of punitive damages in the telemarketing system, combined to stop the infringement, eliminate the risk of apology and other specific ways to protect against liability telemarketing personal information rights.