The Rights And Boundaries Of Personal Information Protection

As an indispensable element of social communication,information has been used to varying degrees since ancient times.Information that must depend on the existence of physical media can be protected earlier by physical control or management of necessary personnel.With the rapid development of information technology,information is transmitted in electronic form and gradually forms a dynamic circulation communication system.The development of information technology has not only changed people's life but also brought challenges to the protection of personal information.In the first part,personal information is deconstructed into different types according to different standards.In terms of the protection of the object of civil legal relations,there are two ways: rights and legal interests.The variety of personal information leads to the limitation of the protection of rights,so different protection paths should be chosen according to different types.The second part of the article discusses the ways to protect personal information rights,including "personality rights" and "property rights".The former focuses on the American theory of personal information control based on human freedom and the German theory of personal information self-determination based on human dignity.The latter sort out the emergence and development process of the theory of property rights protection.This two kinds of right protection way to emphasize information subject for the development of information to realize the control of people freedom and human dignity,but ignored by the information technology development caused by the personal information of uncontrollability and contains personal information property attribute uncertainty,so overall pick the right of personal information protection way is not recommended.The third part further clarifies two types of personal information that can be protected by rights: one is private personal information;Second,enterprise data.As for the former,the current definition of privacy and personal information extension is vague and there is overlap between the two,while only private personal information can be covered by privacy protection.Therefore,this paper introduces the "context integrity" theory to confirm the privacy of personal information.According to this theory,the determination of privacy personal information needs to be analyzed on a case-by-case basis.In addition,it should benoted that privacy infringement occurs in dynamic social interaction.Therefore,privacy risk assessment should be used to make up for the deficiency of the "all or nothing" judgment standard of privacy infringement.In terms of enterprise data,this paper will be the legal horizon,protected data and computer field in the form of "0,1," pure performance of binary digital phase difference,clear legal protection of the former reason lies in its value,and then analyze these data constitute the cause of the civil object and according to Locke's theory of labor property rights as well as bentham and mill utilitarian theory to analyze its property attribute.However,the generation of enterprise data cannot be separated from the extraction of massive personal information,so the use of this data has two limitations.Second,the enterprise shall pay tax on the income obtained by using the enterprise data.The fourth part focuses on the protection of personal information beyond the boundary of rights protection.Firstly,it is necessary to locate the function of such information.In fact,such information only has the recognition function,and it cannot be determined that individuals can exercise the right to control this type of information just because of its recognition function.Secondly,the analysis of its public value attribute shows that this kind of information has the property of public goods in economics,so it should be regulated through public law.However,public law regulation does not mean that private law has no room to play its role.Thirdly,this kind of information can be protected by legal interest from three aspects of legislation,judicial practice and theory.Finally,this kind of information is protected by the tort liability mode of "violation of protective legal provisions".