Study On Civil Law Protection Of Personal Information

In recent years,with the rapid development of information technology,the world and China have undergone profound changes.Human beings have entered the era of big data.Artificial intelligence technology has turned every "natural person" into a "digital person." According to statistics,as of December 2018,the number of netizens in China was 829 million,and the number of new netizens increased by 55.63 million.The Internet penetration rate reached 59.6%,an increase of 3.8 percentage points from the end of 2017.The huge size of netizens means massive amounts of personal information.Cloud storage and cloud computing technology not only create huge economic value,social public management value,but also facilitate people's lives through the integration of personal information.At the same time,however,the violation of personal information is increasing day by day,from the well-known case of Shandong “Xu Yuyu case” to “Tsinghua University professors were defrauded by telecoms of 10 million yuan”,from the daily “spoofing of SMS harassment” to “ Big data is killing,and personal information infringement is pervasive,and the cost is very heavy.Therefore,both the international community and China have recognized the urgency of personal information protection legislation.After decades of development,the relevant theoretical preparations for personal information protection have matured,and legislative practice in various countries has steadily advanced.From the perspective of civil law,the right to personal information is the legal right of citizens.Civil law plays an important role in coordinating the conflict between personal information rights and other rights systems and realizing the free flow of personal information.This paper first defines the related concepts of personal information,and analyzes the constituent elements of personal information.It compares the rights protection mode of personal information with the interest protection mode,and then concludes that the protection of rights and interests is protected within the framework of civil law.The model determines that the right to personal information is a framework right.Secondly,through the comparative analysis of the extraterritorial legislation of personal information,the common trend of personal information legislation is summarized,which provides reference and reference experience for China's personal information legislation.Then it introduces the status quo of legislation and judicial protection of personal information in China,and analyzes the main problems of current civil law protection.Finally,the author puts forward a perfect method for the protection of personal information civil law.