Study On Legislation Of Personal Information Protection In China

In modern information society,every natural person has personal information full of personal identification,through which a natural person can be identified.And the rapid development of technology makes the ways of access to personal information rapidly increase.The easy access to personal information brings convenience as well as unprecedented challenges.In reality,many people are easy to be exposed to the society because of the leakage of a large amount of personal information,which makes it easy to cause property loss or spiritual violation to natural persons.The legal protection of personal information has become an important realistic problem.However,the insufficient law stipulation on personal information in China has made the personal information protection unsatisfactory.Therefore,in order to protect the personal information and make the economic development run in a stable environment,China should solve the problem that the legislation of personal information protection is insufficient as soon as possible.This paper perfects the civil law protection of personal information in China from the perspective of enacting personal information protection laws.The paper consists of four parts.The first part defines the right of personal information and personal information.Firstly,it is clear that the concept of personal information is information that a specific natural person can be recognized by others alone or in combination with other information.Secondly,it shows that the property of right of personal information is a personality right.Through the analysis of basic human rights theory,ownership theory,general personality right theory and privacy right theory,it is concluded that the right attribute of right of personal information is specific personality right,which is juxtaposed with specific personality right such as privacy right and reputation right.The second part investigates the legal status quo of personal information protection in China.This paper mainly lists the status quo of civil legislation of personal information protection in China,and expounds the present situation of judicial practice under the present civil legislation in China through cases,and concludes that the present situation in China includes:unclear right of personal information,unclear legislative mode,lack of special legislation protection and lack of basic principles of personal information protection and imperfect methods of bearing civil liability.The third part investigates the legal system of personal information protection at abroad,and draws the conclusion that the choice of legislation mode must combine with the national conditions,and the basic principle of personal information protection must run through all the time.China should give personal information personality right and perfect the tort damage compensation rules of personal information for reference.The fourth part puts forward the legislation conception of personal information protection in China,which is also a part of the practical significance.It perfects laws from three main aspects:firstly,the choice of legislation mode of personal information protection in China considers that China should draw lessons from Japan's unified legislation mode to formulate personal information protection law,and that China should make individual personal information protection law whether China establishes civil code in the future or not and whether the personality right in civil code is separately compiled.At the same time,it puts forward to strengthen the industry self-discipline norm as the supplement of personal information legal protection.Secondly,it puts forward the main contents of personal information protection law,including the establishment of basic principles and specific rules,defining the contract regulation for the permission of personal information,and the carding of methods of bearing civil liability for personal information infringement.Thirdly,it makes clear that the right of personal information is the basic right of personal information protection law,and discusses the right of personal information from three aspects:subject,object and content.