A Study On The System For Fair Use Of Personal Information

Article 111 of the General Principles of the Civil Law of the People's Republic of China defines the term Personal information and regulates the use of personal information,which provides legal basis for the protection of personal information in China.However,in an era of big data,personal information has now become one of the important resources for the national,societal and personal development.The problem it facing now is no longer the simple static protection over personal information,but on the one hand,the national,societal and personal development entails accessibility to personal information,and on the other hand,how the personal information is to be brought under lawful and reasonable use.In other words,personal information is a part of the right of personality,and generally,no one is permitted to use such without consent of the personal information subject(1).However,under some special cases,when needed in social intercourse and economic development,the use of personal information without consent of the personal information subject is unavoidable.Therefore,profound theoretical and practical significance is endowed on the discussion on how to grant personal information controller(2)access to personal information without consent of the personal information subject for reasonable and lawful use with good will in order to meet with needs of social intercourse and economic development and limit the impact imposed on personal equity in information.This article,centered on the study on systems for fair use of personal information,unfolds itself in five chapters as follows:Chapter ? introduces the background,significance,status quo and methods of research on fair use of personal information and points out the direction of innovation of the paper based on analysis of research background,and the status quo of academic researches and legislation.Chapter ? elaborates basic legal principles on fair use of personal information.In this part,a summary is made over fair use of personal information,including the definition,features and subject of fair use of personal information and so on.In Chapter ?,basis of building a system for fair use of personal information is introduced mainly from the theoretical and practical aspects.The theoretical basis aims at ascertaining the possibility of system construction with supporting theories for fair use of personal information demonstrated and the practical basis aims at elaborating the necessity of system construction by analyzing the existing problems in judicial practice and legislation.Following is Chapter ?,where the system for fair use of personal information is proposed with the basic principles and specific circumstances of fair use of personal information,and legal liabilities arising from unreasonable use of personal information demonstrated and supporting mechanism studied.At last,a summary and outlook is made in Chapter ?,summarizing the research achievements of the article and analyzing the deficiencies with future research plan set.