Research On The Legislative Approach Of Personal Information Protection From The Perspective Of Civil Law

With the development of the information society,the social and economic value of personal information is increasing,in the traditional sense of “personal information”,in addition to the important theoretical value of personal dignity,personality independence,personality liberty,it is still of great practical significance to maintain the status of natural person as the economic subject of the autonomy of will in the field of private law.On the one hand,the development of information society requires to further promote the circulation of personal information,stimulate its endogenous economic power,in order to meet the new trend of economic and social development;on the other hand,the rapid flow of information also threatens personal information as a security for the personal interest of the information subject.In addition to the introduction and conclusion,this paper mainly includes four parts:Part one,the dilemma of the protection of personal information in civil law.Starting from the theoretical obstacles and practical problems that need to be solved in the protection of personal information,this paper analyzes the fundamental problems that need to be clarified in the legislation of personal information protection.The second part,evidence of the protection of personal information rights.This paper studies the connotation of civil rights and interests manifested by personal information from the perspective of the theoretical basis and practical needs of the protection of personal information's private rights and interests,and then demonstrates that China's civil legislation should protect the right of confirmation of personal information.The third part,The traditional right protection way of personal information and its deficiency.By analyzing the shortcomings of the traditional protection path of personal information rights,this paper further interprets the nature and connotation of personal information rights,and also foreshows the improvement of the protection mechanism of personal information civil law in the fourth part.The fourth part is the way to improve the protection of personal information in civil law.Starting from the core competence of personal information right holders,namely information control right,this paper deeply analyzes two protection modes of personal information in civil law.From the perspective of the protection of personal information in civil law,the traditional and single approach of tort law legislation can no longer meet the needs of multiple interests in the protection of personal information.This paper argues that civil legislation should construct a private law protection mechanism of personal information through the dual approach of "personality right + propertyright",so as to realize the balance of interests between the protection and utilization of personal information.Personal information has a broad nature,different personal information has different personality value connotation,so the sequential,typed approach to personal information protection legislation has quite scientific.The author proposes to improve the protection system of personal information in civil law from three dimensions: the degree of personal information sensitivity,whether the information is disclosed or not,and the distinction between direct and indirect personal information.The essence of personal information protection is to protect the personality interests and property interests manifested behind personal information,civil legislation should give equal protection to these two kinds of interests.There are essential differences between the connotation of civil rights embodied by the right to personal information and the content of rights manifested by the right to reputation and the right to privacy,it is only an expedient measure to regulate the current personal information infringement through the right of reputation,right of privacy and other specific personal rights or general personal rights.Personal information right is an important civil right that should be clearly defined in China in the new era in response to the protection of personal information.The author proposes to take it as the basic concept of the protection of personal information in the civil law,so as to provide the information subject with the basis of information interest protection.Personal information right is a new type of compound right that integrates the interests of information personality and information property enjoyed by information subjects in the era of big data.China's civil legislation should define the nature of personal information right as specific personality right,and further clarify the personal information personality right and personal information property right of the information subject in the legal structure.In a word,this is a way of legislation with the right of personal information as the leading guarantee,the right of privacy,the right of reputation and other specific rights of personality regulation as the auxiliary.