The Legal Nature And Realization Of Personal Information Right

In the era of big data,with the rapid development of the data industry,the value of personal information has become increasingly prominent,and the protection of personal information has been paid more and more attention by legislation and justice.At present,the legal provisions on the protection of personal information in China are scattered in various departments.Article 111 of the general principles of civil law stipulates that personal information is protected by law for the first time.The contents of personal information are specified in the form of partial enumeration,but no specific protection rules are specified.In judicial practice,the protection of personal information is mainly realized by identifying part of personal information as belonging to the scope of protection of other rights,such as the right of reputation or the right of privacy.However,it is often impossible to classify personal information into other rights,which leads to omissions in the protection of personal information rights.In order to realize the proper protection of personal information,this paper discusses various theoretical disputes about the right to personal information,and analyzes the advantages and disadvantages of various theories.Then the different bases of reasoning in the personal information judgment are investigated.The contradictions and disputes between the theoretical circle and the judicial practice circle are summarized.Starting from the legal nature of personal information right,it is clearly analyzed that personal information right has the attribute of personality interest and property interest.Based on the positive attribute of personal information right,it should be summed up as specific personality right,not general personality right.And the personal information right is different from the existing specific personality right,with independence.Therefore,the personal information right is defined as an independent specific personality right.According to the protection way of personality interest attribute and property interest attribute of personal information right,through tort liability law and contract law,the personality interest and property interest contained in personal information are protected emphatically.The tort liability law mainly protects the personality interests of personal information rights,which are closely related to personal rights and interests.The principle of imputation is the principle of presumption of fault,which relieves the burden of proof of information subject.The contract law mainly protects the property attribute of personal information right and protects commercial value and circulation interest.In the contract,the standard contract shall be implemented,and specific restrictions shall be set in the process of personal information transfer through the public power to set necessary terms and attached obligations,so as to balance the unequal status of both parties in the contract and protect the legitimate rights and interests of both parties.Finally,focusing on the design of specific legal rules in China,this paper proposes to establish the "personal information protection law" in the form of unified legislation to comprehensively regulate the content,exercise and protection of personal information rights and obligations.The provisions are centralized and convenient,and there are laws to be followed in judicial trials,so as to improve the realization and protection of personal information rights.Considering that the information subject is weak in data analysis and difficult to provide evidence,a public interest litigation mechanism for personal information should be set up to support and assist the weak party information subject in the lawsuit and ensure the equal litigation status of both parties.At the same time to simplify the proceedings,encourage reconciliation and summary procedures,and other ways to save judicial resources and reduce litigation time.Through the above Suggestions to improve the realization of the protection of personal information right judicial relief,in the natural person’s personal information right to properly protect,at the same time,standardize the collection,analysis,use of personal information and other circulation links,the development of the data industry,to promote the full realization of the value of personal information.