The Research On The Scope Of Personal Information Protection In Civil Law

The development of information and network technology makes the collection and leakage of personal information become an urgent problem in this era,and the legislation of personal information and the establishment of the right of personal information has been recognized as the only proper course to solve this problem.The field of criminal law and some administrative fields in our country have responded to the problem of personal information protection and to a certain extent,the specific content of personal information protection has been clarified.In contrast,the protection of personal information in the civil law field is very limited.The existing regulations are difficult to protect personal information,and the related law haven't been promulgated.In addition,the court put more eyes on the results and light the theory analysis that makes the scope of personal information protection in civil law more and more ambiguous.The scope of personal information protection is the premise to establish the right of personal information,but the basic problems such as the scope of "personal information",whether the scope of personal information protection covers the general information and information property,the limits of the scope of the protection of personal information are on the basis of the scope of the protection of personal information,however scholars have different opinions which make it difficult to form a general view.The object of personal information protection is the personal information of the natural person,whether it is the general personal information or the sensitive information which should not be open.As long as the information can be identified,the individual information can be included in the personal information to protect.In nature,it has both the personality and the property interests.But it will not change or expand the scope of personal information protection because of the dual nature of the protected objects.The scope of personal information protection should be limited to the category of personality right,and should not be included in property right or expanded to the scope of property right protection.In addition,in order to better balance the protection of personal information and the free circulation of information,the protection of personal information should be defined as a specific personality right,which is included in the civil code,and the scope of the protection scope will be delimited by determining the scope of the protection and determining the content of the reasonable use of information.