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The Civil Law Protection Of Personal Information Under The Network Environment

Posted on:2018-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y N NiuFull Text:PDF
GTID:2346330542962069Subject:Law
Abstract/Summary:PDF Full Text Request
The Inernet age,"cloud computing","media","remote payment","private custom"emerging services such as accelerating the use personal information collected,processing and storage of circulating and depth fusion,decision-making for the government,public administration,business analysis provides an important reference,for people's social,travel,experience,convenient consumption,encourage people to change the way of life.At the same time,objective,realistic and detailed personal information has been leaked through large-scale network tracking technology,becoming the object of the transaction.The personal information brings the competition advantage and market recognition to the business,and suffers the serious violation.This paper focuses on the protection of personal information under the network environment.First of all,from the concept of personal information,to be placed under the network environment,that personal information under the network environment refers to contain personal name,address,id number,phone number and E-mail address alone or integrated content,through large data,such as electron exchange way,can directly or indirectly identify specific information of the body.Right of personal information is a natural person personal information collection,use,processing and circulation process and personal information are violated,in accordance with law,enjoy the rights of,is both the property attribute of concrete personality right.Secondly,through the network,random interview questionnaire for empirical research,see the essence by the phenomenon,analysis of the personal information under the network environment to suffer the infringement phenomenon is serious,way LingDuo diversity,mainly the information main body personality interests and property interests,in personal information after the aggrieved,due to the unknown,and inadequate relief right,information subject of personal information can not get effective protection.Thirdly,the paper analyzes the present situation and dilemma of the protection of personal information civil law in China.At first,our country mainly based on the general principles of the civil law,the tort liability act,"about civil tort liability of compensation for mental injury,the explanation of some issues," about the use of information network infringement personal rights and interests of civil disputes provisions applicable legal issues such as civil law,protect the right of privacy,reputation or honour by indirect protection of personal information.Until March 15,2017,section 111 of the general provisions of civil law explicitly stipulates that the personal information of natural persons shall be protected by law,and the beginning of the direct protection of personal information by civil law is officially opened.However,the protection of China's personal information civil law still presents the problems of unclear information rights,general rules,and weak operability.Finally,based on China's national conditions and the legal protection system,fully learned outside the country(region)of advanced and mature experience,Suggestions on the basis of established right of personal inforrmation,select the personal information protection legislation mode,clear principles of personal information protection,improve the system of personal information protection responsibility,speed up a scientific system of the personal information protection act,In order to build up the " wall" of the civil law protection of personal information under the network environment of our country.
Keywords/Search Tags:network environment, personal information, personal information rights, civil law protection
PDF Full Text Request
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