Legal Protection Of Personal Information Under Network Environment

The value of personal dignity and free flow of information contained in personal information under the network environment is far beyond the protection of other personality rights,so other personality rights can not protect the rights and interests of personal information.Although the laws,regulations and judicial interpretations,such as the Internet Security Law and the General Provisions of the Civil Law of the People's Republic of China,have made preliminary provisions on personal information,the scattered legal provisions can not form a legal system.The right of personal information is still in a semi-vacuum without the protection of the legal system and lags behind the requirements of the rule of law in the information age.On the specific issues of personal information protection,the author believes that there are three aspects: First,is the right to personal information an independent right under the general right to personality? In the protection of personal information,China also draws lessons from the privacy system of the United States and the general personality system of Germany.However,the two systems of rights from different legal systems do not appear the ideal state we want,but produce a conflict between the claim for rights and the attribution of interests,which directly leads to the judicial organs' ambiguity and confusion in the application of the law,and the people's troubles caused by the infringement of personal information are growing day by day.Is profit a system of rights? Chinese scholars' understanding of the right to personal information is still at the level of the right to access personal information,the right to correct,the right to benefit,the right to delete and so on.They have not explored what kind of right belongs to the basic right,what kind of right belongs to the auxiliary right and what kind of right is based on the infringement of personal information.The resulting right to claim,lack of awareness of building a system of personal information rights;third,how to build a normative framework for personal information? In the study of advanced legal experience and idea of protecting personal information in developed countries and regions governed by the rule of law,Chinese scholars pay more attention to legislative experience and propose to enact personal information protection law one after another.However,only one law can not protect personal information in an all-round way,ignoring judicial interpretation to guide and protect personal information rights in the field of trial.The role of the rule of law will lead to the development of China's rule of law can not better serve the protection of personal information in the network environment,and the lack of normative framework considerations,the draft of the Personal Information Protection Law is more inclined to administrative measures,and the lack of civil rights and obligations and responsibilities.In view of the above three problems,this paper proposes to build the framework of personal information norms based on the General Principles of the Civil Law and the Personal Information Rights Law.In the framework of personal information standardization,we focus on solving the problems of rank and system of personal information rights.