On The Protection Of Personal Information In Civil Law

Nowadays,as the personal dignity symbol,personal information has been acquired by many people because of its own value.Some people even maliciously collect and trade personal information.The tort of personal information occurs frequently,and personal interests and life orders have been greatly endangered.Therefore,it is imminent to protect personal information.However,China dose not have a perfect law system to protect personal information.Civil law protection of personal information is scattered in the General Principles of Civil Law,Civil Law Rules,Tort Liability Law and so on.And there are not clear and feasible specific provisions,it is too difficult to practically and effectively protect personal information.If we want to strengthen the protection of personal information,we must start from theoretical research,gradually improve the legislation,clarify the legal attributes of personal information and the subject of information shall be protected.Also we need to classify the principle of liability of personal information tort and the way of accountability assumed for to solve the problem of information security effectively.This paper consists of the following parts:The introduction leads to the main problems to be discussed in this paper,gives the reasons,background and purpose of disserting.The first part is an overview of personal information.By introducing two sides including the current situation of the definition of personal information and the scene,dynamic,anonymous as well as personal information which defined to think twice about the concept of personal information.Meanwhile,we did the binary analysis about the value of personal information from the perspective of civil law.In the second part we weighed the interest and use of personal information protection of civil law.Firstly,we identified the interests of personal information according to the different needs of information subject and related persons in information industry.Secondly,we expounded the status quo of personal information protection in civil law from the aspects of current legislation and judicial practice.Finally,we weighed the interests of personal information in two aspects including freedom of conduct and property.The third part is the civil law protection of personal information overseas and its inspiration.In this paper we introduced the models and characteristics of the ciwvil law protection of personal information in the European Union and the United States and what we were enlightened by them.In the fourth part we explored the outlet for the civil law protection of personal information in China.To bring the relevant rights of personal information to completion,we came up with the idea "strengthening both ends" to solve the problem of measuring the interests of personal information.And we put forward the formulation of personal information civil law protection including the principle of tort accountability of personal information,factors of accountability,means of relief and general defenses.The fifth part is about the conclusion.