On The Definition Of The Scope Of Personal Information Protection

The development of things has two sides,just as the advantages and disadvantages of technological advances which cannot be generalized.On the one hand,it brings great convenience to life,and on the other hand it also brings new social issues.In recent years,the leakage of personal information,improper collection,processing and using have disturbed the tranquility of citizens' private lives.Someone even used personal information for trafficking,fraud and so on which seriously disrupted social order.China's current regulations on the protection of personal information legislation are fragmented and inconsistent.It is difficult to protect citizens' personal information rights by relying solely on the legal system at this stage.All sectors of society are calling for China to establish a special personal information protection law in order to solve the problem of personal information,but the most important thing is to legislate to clarify the boundary of the right to settle the dispute.Before the introduction of the special law,based on the current existing laws and regulations and the academic community's new developments in the protection of personal information,a preliminary analysis of issues concerning the scope of protection of personal information and the principle of the definition of rights,and other issues were presented.Views and opinions were also given.The writing structure of this paper is as follows: The first chapter is based on the controversy over whether personal information protection should be protected by privacy or personality rights.It is proposed why the scope of personal information protection should be defined and the necessity of the definition.The second chapter analyzes and compares the different models of the definition of personal information protection between the legislative and academic circles in various countries and concludes which model should be adopted in China to protect personal information.The third chapter,the classification of personal information is very complex,as the personal information has the features of privacy and openness.Different types of personal information has different degrees of importance.On this basis,the protection of personal information in different levels of protection includes high protection,general protection,protection of the exception.In the fourth chapter,according to the foregoing,in the judicial practice,privacy information,portrait rights,and reputation rights are used to protect personal information,and personal information cannot be completely protected.Under this premise,detailed introduction of personal information and related differentiating the rights to further clarify the scope of personal information protection.In Chapter V,the protection of personal information must adhere to the two aspects of utilization and information circulation.Therefore,the use of personal information by governments,enterprises,and individuals should be within a certain range.