The Study On The Legal Regulation About Commercial Utilization Of Personal Information

Personal life suffers from tremendous intrusion because of public and private institutions' collecting,processing and using of personal information.Harassing phone calls and spam messages become a social norm.Western countries have taken measures to regulate and restrict the commercial use of personal information and at the same time protect personal information privacy and the rights and interests of personal information.Americans pay much attention to the economic value of personal information,so they take the combination of scattered legislation and profession autonomy to regulate the commercial use of personal information,and set up an execution mechanism through personal self-help and market regulation.The EU emphasizes the social value of personal information.Therefore,EU adopts a comprehensive and unified legislative model,and set up a special personal information management institution with establishment of a top-down executive agency centered on the public power to regulate the commercial use of personal information.In the field of private law,the civil legal status of personal information is ambiguous in our country,that is the reason why so many infringement cases of personal information cannot get effective private law relief and information subject is particularly difficult to acquire the relief of property damage compensation.The General Rules of Civil Lawof the People's Republic of China was approved on March 15,2017,which made the principle rules about the personal information protection and regulation of personal information processing behavior,but need to be more specializedas a new right.In the field of public law,the legal norms about the management of personal information and commercial use are fragmented and in low level with a lack of maneuverability.It is necessary to establish a complete system to regulate and restrict the commercial use of personal information.On one hand,formulating a unified personal information protection law,which will regulate and restrict the behavior of public and private institutions of the personal information processing and protect the privacy of personal information and the social value of personal information;on the other hand,the nature of the civil rights and the content of personal information should be clear.Meanwhile,to improve the civil litigation mechanism,this will enable information subject to acquire a series of relief in the infringement cases of personal information,including property damage compensation.