Research On Personal Information Right

Personal information right as a new right to protect it actually is to maintain the interests of his personality.It takes the existing privacy system for its own soil,but also has many unique features.In recent years,the right of personal information infringement occurred frequently,but there is no effective measures to solve.2016 "Xu Yuyu" case is a wake-up call for people,it is also concerned about people's personal information has become a major highlight of 2017 based on the general principles of civil law,which also pass our signal will continue to strengthen the legal protection of personal information,the personal information protection law promulgated before,this paper focuses on the right of personal information The related theory,analysis of the legal relationship of rights protection,conflict of interests,the exercise of the right structure,construction defects and protection system of private law.Based on the current situation of our country draw lessons from foreign legislative experience,elaborated the new idea of legislation to specific rights.This paper is divided into five parts:The first part,this part mainly take the Xu Yuyu incident as an example to illustrate the severe impact of leakage of personal information to people's life,and through the analysis of Xu Yuyu case and some problems reflected in the further protection of the personal information right indicated better and the necessity of its theory,which leads to the following.The second part,on the analysis of three different views of basic theory about the concept of the right of personal information on the definition of the personal information right is an independent civil rights,and further expounds its uniqueness as a new civil right has.By comparing with the right of privacy,clear the rights attribute is juxtaposed with privacy right has the positive function of the specific personality rights.The third part discusses the legal structure of rights.In the aspect of subject focuses on Legal disqualification reason so as to confirm the object of right is limited to the rationality of natural persons;described as personal information of various types of the right object and classifies all kinds of information from different angles,discuss the new access rights right,the right of correction,sealed right,delete right and usufruct right to five.The fourth part,this part mainly discusses the conflict with other rights of the three possible personal information right in the exercise,if the provisions of the right of personal information protection of the free circulation is too rigid may hinder information,increase the cost of market transaction is not conducive to economic development;when national security is threatened or personal the right to safeguard national security information to the situation of citizens can be restricted properly;the right of personal information may also conflict with the freedom of speech;and further elaborated in the personal information right in the process of legislation should be the implementation of the four basic principles as far as possible to balance the three conflicts.The fifth part,this part through the analysis of the status quo of China's legislation on the right of personal information and the existence of four defects and with the foreign legislative models are in reality on the right,induction of appropriate mixed mode of summing up China's the right legislation,and focuses on the legislative idea should adhere to the protection of personal interests in the right of personal information legislation.