Research On Personal Information Use

In an information-based society,a large amount of personal information has been accumulated during the process of long-term exercise of government functions,e-commerce,website platform operation and other activities.Personal information,which characterized by recognizability,contains both property interests and personality interests.Thereby,personal information right comes into being as a new kind of right.The automatic processing technology makes personal information a valuable resource in the market,and it lays the foundation for the promotion of government efficiency and commercial value.With the development of information industry,more and more applications and services are based on personal information use,which increases the public's demand for information.However,one gets nothing from his personal information being used for personal information's property interests haven't been fully recognized.To promote the value of personal information and contain the chaos,this paper focus on the use of personal information.In this study,exempt for the introduction and the conclusion,the paper starts from the concept and follows the logical thinking of "total-divided-total" to explore the use of personal information.This paper is divided into three parts.Firstly,this part analyzes the basic problems of personal information use right.In theory,it's main content includes collection,processing and utilization.Through deep exploration and a comprehensive summary,it's been found that personal information use is a basic way to realize the value and the appreciation of personal information,and in law it's seen as the behavior to govern the property interest of personal information.Not only a natural person can use his own personal information,other subjects including government agency or non-official business authority would be entitled to use others personal information based on agreements or authorized by laws.Secondly,the content of personal information use right is systematically sorted out.This part discusses collection,processing and utilization respectively from the aspects of definition,behavior modes and basic rules.As the object of collection,collecting personal information in improper methods embeds the risk of infringement.With various processing links,processing personal information in automatic way and digital storage increase the risk of privacy disclosure.Obviously,personal information transaction is complicated.In this part,in order to standardize the process behavior of personalinformation use,rules are designed for each part.Thirdly,this part explores the improper use of personal information use right and restrictions.Starting from current situations,specific types of personal information improper use are summarized through case examples.Then,based on China's national conditions and social reality,this paper puts forward feasible strategies to regulate the use of personal information,including perfecting legislative mechanism,strengthening these users' obligations,returning profits and giving compensation for the damage,and forming the industry self-discipline mechanism for the use of personal information.