Research On Tort Relief In The Protection Of Personal Information

At present,the judicial practice of China's personal information rights is still not perfect,and there are many claims for the legal definition of this right content.How to realize the judicial remedy for personal information infringement based on the existing law is the issue of this paper.This article distinguishes the rights of personal information,privacy and personality rights,and believes that the right to infringe on personal information should be a violation of the legal rights of personality rights.In the processing of personal information,the intentional violation of the obligation to disclose the use of personal information,resulting in the loss of the source of information or the potential economic rights of the information subject and the reduction of social evaluation within a certain scope,which constitutes an infringement of personal information,should advocate relief.The responsibility of the responsibility is mainly to stop the infringement;to remove the obstruction;to restore the original condition;to eliminate the influence,to restore the reputation;to apologize,etc.,in order to protect the general personality rights and property rights of the personal information right.Based on the predecessor theory,this paper proposes the use of the“personal information right” title,which gives the information subject the basic personality rights that can be invoked by the information subject,and clarifies the responsibility of individual information infringement according to the differences in the infringement of different infringing subjects.A relatively new theoretical concept and perspective.