On The Civil Law's Protection Of The Personal Information Right

In the information age,personal information,as an important and economically valuable resource,is facing an unprecedented protection crisis.For the first time,individual info is regarded as a civil right in the General Principles of Civil Law and is also the highest lawmaking that protect the civil rights of individual information holders so far.However,the emergence of this clause does not solve the theoretical dispute of the personal information rights,nor does it change the judicial judgment on the application of property rights,general personality rights and specific personality rights in different courts.In view of the theoretical and judicial disputes and confusion,it is urgent to clarify the basic issues such as the concept,subject,object and content of individual information rights in Civil Law,and recognize it has both mental and property interests.Also lays theory evidence for the right of personal information in civil code.In addition to the introduction and conclusion,this paper discusses the civil law protection of personal information right in three parts.The first part discusses the protection of personal information from three dimensions include concept,characteristics and necessity,making it clear that personal information is the identification information.The personal information right belongs to the specific personality right.The second part analyzes the contents of the General Principles of Civil Law's personal information protection provisions from four aspects---protection norms,legal norms,safety norms,and restrictions.Considering that the provisions of this article clearly define the subject of personal information rights and obligations,and that there is some progress in the use of the behavior regulation model to list prohibited acts,but it does not complete the task of protecting personal information right and lacks legal consequences.The third part is the legislative proposal for the protection of personal information right.That is to clarify the personal information right in the personality right and protect the property interests through the public right.In the tort liability compilation,regard the personal information infringement as a general infringement,relief of personal information oblige by using the burden of proof,inverting the standard of proof,and damages thus realizing the complete protection to the personal information right.