| The unreasonable use of personal information is a common problem in today's society.all kinds of harassment caused by personal information leakage emerges in endlessly,and such phenomenon brings increasingly prominent public problems in Internet society.Although there are countless laws and regulations,and all kinds of normative documents,industrial norms involving personal information protection,they are not systemic and actionable enough.As a result,the personal information cannot be effectively protected by laws.Therefore,to enhance the personal information protection legislation is an important task currently.Article 111 of General Rules of Civil Laws passed on March 15,2017 stipulates clearly that the personal information shall be protected by Civil Law,and that anyone is forbidden to illegally use personal information,marking China steps the new step towards the protection of personal information.With the establishment of the General Rules of Civil Laws,it means that China will adopt a unified legislative mode in civil legislation in the future,and personal information protection shall be incorporated in the specific provisions of the civil law.Under the framework of General Rules of Civil Laws,the author puts forward some personal suggestions on the legislation of personal information in the future:to put personal information in the right category,protect personal information in the form of personal information rights and add the section of personality right in the future civil code(because personal information right should belong to a specific personality right).In this paper,the main body is divided into five parts.Part one mainly expounds the concept that personal information protection legislation involves,and also analyzes the current legislative and judicial status quo.Part two gives a brief overview of the relevant provisions of the extraterritorial personal information protection legislation and states personal opinion of the reference significance of China's personal information protection legislation.Part three puts forward the idea that personal information should be included in the category of right,and used as an independent of specific personality right,and analyzes the relationship between the right of personal information and related personality right.In Part four,as the main part of this paper,the author puts forward some ideas of personal information protection in the future,namely,set up the right of personal information section in the personality right of civil code of in future,and stipulates the specific matters in the process of personal information protection.The fifth part briefly explains that the process of protection of personal information needs to be supplemented by other laws and regulations. |
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