Study On The Protection Of Infringement Of Personal Information In The Internet Era

With the rapid development of Information Technology and the Internet,the various threats that personal information faced with are casting their shadows before them.At the same time,our country's special law on personal information is in very slow progress,failing to catch up with social development.The protection of personal information involves the most basic personal dignity and freedom,which deserve being valued.The protection of personal information should base on the premise that the scope and legal attribute of personal information be properly interpreted.In China,the core feature of personal information is “identifiable”.The big data is bringing about the failure of the technology of anoymity,which blurs the criteria of "identifiable".There are mainly three different theories about the legal attribute of prosomal information.They respectively regard personal information as the privacy right,personality right and property right.The three theories all havetheir own irreparable defects.A better way is to take the protection of personal information into the scope of Tort Law by the privacy theories and the interpretation of the word “Right” of the second clause of Article Two of Tort Law.Article 111 of the new General Principles of the Civil Law of the People's Republic of China has set specific norms about the protection of personal information for the first time.This article actually does not seem personal information as a specific right of personality,instead as statutory civil interest.This article also provides a judgemental basis for illegal infringement of personal information.When the new General Principles of the Civil Law of the People's Republic of China takes effect,legal protection of personal information will change,too.Before the the new General Principles of the Civil Law of the People's Republic of China takes effect,protection of personal information mainly depends on the interpretation of laws.But after,the protection of personal information rely on Article 111 of General Principles of the Civil Law and Article 6 of Tort Law.Laws and regulations can not exhaust all the interests that need protection,and the interpretation is to provide references for those interests that are not listed by Civil Law.However,Article 111 is a bit general.As for how to get permission for utilizing people's personal information and how to balance the utilization and protection of personal information,there is still a long way to explore and study.