Research On The Right Attribute Of Personal Information Right

With the continuous development of the social information technology,the further improvement of the network communication technology,personal information has been leaked in an endless stream.Especially in the case of Xu Yu yu's telecom fraud in 2016,personal information has become a hot issue that the whole society pay close attention to.in 2017,Article 111 of the General Principles of Civil Law established the norms for the protection of personal information for the first timeo?However,it does not semantically define the right to personal information.At the same time,it does not clearly define the rights and attributes of personal information rights.Therefore,in order to achieve the purpose of effective protection of personal information,the first premise is to position the right nature of personal information right in private law.On the one hand,in the current legislative environment of our country,although the protection norms related to personal information have been established,there are gaps in the special provisions on the right to personal information in the legislation.In addition,there is even a blank in the special legislation field on the right to personal information.On the other hand,in the judicial practice of our country,the court has different cognitions on its legal attribute,so there are various reasons for the cases of personal information infringement in judicial application.Some courts consider infringement of the right to personal information an infringement of privacy cases;Some courts will infringe personal information rights to infringe on the right to name,reputation,portrait rights and other categories.So the topic of this paper is how to identify the right attribute of personal information right.Clarifying the right attribute of personal information right is not only the first step to effectively protect personal information right,but also an important premise to confirm the mode of personal information protection.This paper consists of three parts in addition to the introduction and conclusion.The introduction is mainly based on the current frequent occurrence of personal information leakage events,which has had a negative impact on society,so as to explain the reasons and background of the research on the right to personal information.Through a literature review of the current research status of personal information rights,it is more intuitive to sort out the current research status of personal information rights at home and abroad.At the same time,this part also explains the theoretical and practical significance of the study of personal information rights.The first part clarifies the primary premise of protecting the right to personal information.The premise is to determine the right attribute of personal information right.In order to choose the reasonable nature and the right type,has combed the present academia main existence viewpoint.It mainly includes four theories:general personality right theory,privacy right theory,specific personality right theory,property right theory,and new right theory that has both personal and property interests.This paper mainly discusses the reasons to support these theories.In other words,this paper analyzes the rationality of the existence of these theories.The combination of different theories provides a theoretical basis for the choice of its right attributes,and lays the foundation for the determination that the right to personal information belongs to the category of personality right.The second part mainly demonstrates that personal information right belongs to the category of personality right.Firstly,it is unreasonable that personal information right belongs to property right.The misunderstanding of property right theory is that property interest is equal to property right.The theory of property right has the possibility of causing the logic confusion of the traditional theory of property right.Therefore,the right to personal information cannot be included in the scope of property rights.Then it analyzes the defects of the new theory of rights.The new theory of rights falls into the misunderstanding of the object of rights and it is not realistic to create an independent new right in the current practice.Therefore,this article denies that the right to personal information is a new type of right.On this basis,it is confirmed that the attribute of personal information right is the category of personality right.Moreover,the nature of personality rights of personal information rights is demonstrated from many different aspects such as the object of rights,the choice of rights,the purpose of protection,and the legislative system of the general rules of civil law.The third part is based on the premise that personal information right belongs to the category of personality right and further subdivides the right attribute of personal information right.On the one hand,it analyzes the difference between personal information right and general personality right.The general theory of personal right can not provide specific and targeted protection for personal information right,thus positioning the personal information right into the category of specific personality right.On the other hand,through comparing the right of personal information and privacy,right of name,reputation,image and so on the concrete personality right in right object,right content and ways of infringement,value choice,the existing difference,illustrates the concrete personality right cannot cover the right of personal information,demonstrates the personal information rights ought to be is a new kind of specific personality right,and right to privacy,right of name,reputation and other specific personality right is in existence.In addition,it affirms that the right to personal information has both property interests.The rationality and performance of personal information right with property interests are analyzed.Therefore,this paper holds that personal information right is a new type of specific personality right,and it also has property interests.