Research On Civil Law Protection Of Personal Information

The advancement of Internet technology,the advent of the information age,the promotion of the widespread use of personal information,and the development of the Internet information service industry,but also impacted the existing personal information legal protection system.In the business environment,the degree of utilization of personal information is gradually increasing,so that the content of personal information has more interests than the original personality.Personal information has important economic value and becomes a resource for the information industry to survive,thus leading to personal information.The scope of demand continues to expand.It is followed by improper collection,improper handling and improper use of personal information that seriously infringes upon the legitimate interests of the information subject and invades the daily life of the information subject.Article 111 of the General Principles of the Civil Law of the People's Republic of China promulgated in March 2017 clearly stipulates that the personal information of natural persons is protected by law and the personal information rights are included in the scope of civil law protection.Although this article is a framework regulation,it undoubtedly provides a theoretical basis for the protection of civil information in personal information.At present,there is still much controversy about the legal attributes of personal information rights in the academic circles.The boundaries and distinctions between personal information rights and privacy rights are even more plaguing the development of judicial activities.Whether the property interests of personal information in judicial practice should be protected or compensated Problems such as calculation and choice of personal information protection mode affect the actual effect of judicial protection of personal information.Therefore,to improve the civil law protection system of personal information in China,it is necessary to base on the status quo of personal information protection and to protect the personal information rights of the information subject to the greatest extent possible.Based on this,this paper intends to explore the legal attributes of personal information rights from the provisions of Article 111 of the General Principles of Civil Law,and analyze the related problems in the process of law application.In addition to the introduction and conclusion,this article is divided into the following four parts:The first part is about the challenges and dilemmas of personal information protection in the context of big data era.Firstly,the paper expounds the challenges of personal information protection in network information society.Analyze the impact on personal information protection from the perspective of information technology,network new media and government power;Secondly,three new business models,namely,e-commerce platform,sharing mode and precise advertising,are selected as the reference of economic development to analyze their utilization of economic value of personal information and threats to personal information protection.Finally,this paper expounds the practical predicament of personal information legal protection,and mainly demonstrates the necessity of civil law protection by referring to the legislative overview before the introduction of article 111 of the general provisions of civil law,and the practical and theoretical dilemmas existing in the legal protection of personal information in China.The second part is the conceptual analysis and protection mode of personal information rights.Firstly,the concept of personal information right is defined,the connotation of personal information right and the legal characteristics of personal information are analyzed,and the distinction between personal information right and privacy right is expounded.Secondly,the protection mode of personal information right is compared and analyzed.The differences between the privacy protection model,the personality protection model,the ownership protection model and the dual rights protection model,and the civil law protection model of extraterritorial personal information,provide theoretical basis and justifiable support for the responsibility of infringement of personal information rights;It analyzes the legal attributes of personal information rights,interprets the contents of Article 111 of the General Principles of Civil Law,and demonstrates the rationality of its protection as rights.The third part is the identification and commitment of personal information infringement liability.Firstly,it explains the principle of liability for personal information infringement,mainly analyzes the rationality of the principle of liability for faults in personal information infringement.Secondly,it analyzes the composition of liability for infringement of personal information rights,and analyzes the behaviors of infringement of personal information to determine the consequences of damage.On the basis of the analysis of the causal relationship and subjective fault of personal information infringement,and then analyze the defense of infringement of personal information rights,according to the particularity of infringement of personal information rights in the information network environment,distinguish between general defense reasons and special excuses;Demonstrate the responsibility of personal information infringement.It analyzes the scope of protection of personal information infringement,discusses the responsibility of personal information infringement,and focuses on the identification criteria of property damage compensation in the case of personal information infringement.The fourth part is to improve the main path of personal information protection.First of all,it is clear that Article 111 of the General Principles of Civil Law protects personal information from legal protection to rights protection,discusses the status advantages of rights protection,and further clarifies the specific content of personal information rights.Second,establishes the principle of personal information protection for individuals.The guiding ideology of the principle of information protection and the content of various principles are elaborated;once again,the responsibility system for the protection of personal information rights is improved,and the system construction is carried out from two aspects: industry self-discipline and corporate social responsibility;finally,the possibility of introducing a punitive damages system is explored.Sexuality,solve the problem of the connection between damage compensation and punitive damages system,determine the applicable conditions of the punitive damages system,and clarify the calculation standard of the punitive damages,so as to improve the remedies against the personal information rights.With the above analysis,it is expected to provide reference suggestions for the legal application dilemma of personal information protection in judicial practice in China.