Research On Personal Information Right Protection Under The Scope Of Internet Security In China

During the 21 st century,the vigorous development of the information industry has effectively boosted economic growth,and has significantly changed people's way of life.Mobile devices became an indispensable element in people's daily life.In the meanwhile,the rapid spread of private data and personal information through the internet has raised serious concerns of information abuses.In the year of 2016 alone,numerous cases of illegal collection and sale of personal information have been exposed through media.According to a survey of Chinese Internet users conducted by the China Internet Association,only in the year of 2016,90% of the Internet users had suffered from release of personal information;more than half of them regarded it as a serious problem.The security of personal information affects people's life,threatens Internet security and even disrupts public order.Therefore,it is of urgent need to protect personal information.This article first introduces and analyzes the concept and nature of personal information right and demonstrates the necessity of the protection of personal information right.The personal information right aims to protect the ownership,control of personal information,and to exclude damages on it.Controversies exist with regard to the nature of the personal information right,which has been subject to academic debates.However,mainstream scholars defined it as a subcategory of personality rights.After a review and analysis of scholarly opinions on the concept of personal information right,it examines different models of legal frameworks on personal information protection provided by the United States,Germany and Japan.It then assesses the current situation of personal information protection in China.The legal framework on personal information protection in China is yet to be established.Provisions related to personal information protection could be identified in a number of scattered legal documents,but none of them are sufficient to guarantee information security.Indeed,legal protection of personal information in China is faced with difficulties including the lack of judicial channel,insufficient legal remedies and the absence of regulatory authority.In view of the existing problems of personal information protection in China,it provides policy advice in the final section.Specifically,legislation on personal information should be further developed,a comprehensive regulatory framework should be established and self-discipline mechanisms in Internetindustry should be promoted.Only in this way could the security of personal information could be achieved in China.