Personal Information Protection By Civil Law Under The Network Environment

The “information” is known as the “new oil” in the big data era, and it is an important impetus of economic growth and value creation. Nowadays, people's personal information security faces a great threat while they are using chatting software, like QQ, WeChat or conducting online transactions and other network activities. In the Internet era, personal information rights may be violated at any time. Even sometimes the rights violated, the subject of personal information is completely unaware of it. In view of this, this article intends to explore the relevant legal questions about the protection of personal information under the network environment from the perspective of civil law.In addition to the introduction and conclusion, this paper is divided into five main sections.The first part introduces the two cases Apple Inc. and the author's related inspiration. The first case introduces Apple's mobile phone positioning function records personal information; the second one presents Apple's legal disputes with the US Federal Bureau of Investigation. The two cases lead to the author's thoughts towards the protection of personal information under the network environment. First of all, how to protect the security of personal information? Should people regard personal information as an independent right and give it some special protections? Secondly, how to keep this right protected under the network environment?The second part emphatically analyzes the definition of personal information. All the information that can identify individuals is called personal information. Then, the paper analyzes the definition and characteristics of network personal information. the network personal information is created by information communications technology, which is recognizable and contains the user's personal interests. The characteristics for this information mainly are recognizable, dual attributes of personality and property interests and nature person as subject. What's more, this part distinguishes the differences between personal information and its related concepts, also studies the legal attribute of personal information. The article confirms that the personal information is a concrete personality right. This article analyses the necessity of the personal information protection under the network environment, which is mainly through the introduction of the characteristics of personal information infringement under network environment. The characteristics of personal information infringement under network environment includes tort subject widely; network tort action has a variety of ways and is technological., and this article also summarizes specific network tort behavior, which is mainly manifested as unreasonable or excessive collecting personal information, improperly handling or using personal information; the consequences of the violation is not controllable.The third part is the extraterritorial application of the civil law protection of network personal information. The development of electronic information industry for our country is late, and the legal environment is relatively backward. In order to ensure our country can have good transmission and exchange more information with the EU countries in the future, our country need to learn foreign advanced legislation experience, seek advancement based on the existing laws, and be in line with international standards. This part firstly analyzes the EU legislative situation of the protection of personal data, and the "95 Data Protection Directive", "General Data Protection Directive" proposal(2012) and its highlights. Then the article introduces the American legislative model, legislative purpose, relevant laws and regulations. The last part carries out the summary, which argues that the differences between EU and US legislation model are based on the different attitudes towards legislation. And then raises the author's considerations on the balance of legal value for network personal information based on Apple's issues.The forth part is the examination on the current legislation for protection of personal information under the network environment of our country. Related legislation in China includes the direct provisions of the "personal information" legislation, and the protection through the protecting of "dignity", "personal privacy" in the Constitution and the “General Principles of the Civil Law”, and regulations which indirectly protecting on particular subjects' personal information, such as consumers, minors, inmates and patient. The article also introduces the related legislative proposals written by relevant scholars towards the problem. Finally this part analyses the deficiencies of the existing laws under the network environment for the protection of personal information, which are the indistinct of scope of the network personal information; the inefficient existing law, lacking of unified legal protection system, and strong administrative color. Finally, the necessity of personal information legislation under the network environment is stressed, by emphasizing that the private law should protect personal legal interests, the individuals' new requirements for law in network environment and existing systems can not fully protect the personal information in network environment.The fifth part is the suggestions to perfect the legislation of personal information protection in China's network environment. The personal information right should be established in the General Provisions and Law on Personality Rights of the future Civil Code. Besides, the Contact Part and Tort Part of the Civil Code should also make relevant provisions for the right of personal information. What's more, the Law on Personality Rights should make special provisions for internet environment as well. Then, developing a special personal information protection law as soon as possible is also our society's objective requirement. The legislative mode shall adopt the uniform legislation mode, and the legislative purpose should phase equilibrium between the personal information protection under network environment and information circulation. Then, this part suggests the specific recommendations of the basic principles and the structure of the personal information right. Finally, this part studies the civil liability for infringement of rights, and it suggests that the doctrines of liability fixation of information infringement under network environment should be different depending on whether the tort subject is public or not.