Civil Law Protection Of Personal Information

Today,the computer,Internet and other scientific and technological development is changing with each passing day,people's daily life,learning and work at any time will use the Internet,at the same time,the leakage of personal information is becoming more serious.More and more countries and regions have begun to protect personal information through legislation.The influence of the traditional social concepts and other factors,the importance of our country for a long time did not realize the protection of personal information and urgency,nor the formulation and implementation of relevant laws and regulations for special protection of personal information,even the expert proposal on the one hand,but did not establish the personal information protection law in our country.But not because of China's legislature are not currently formulating and implementing special laws and regulations for the protection of personal information is simply that at present our country in this field also did not get involved in.In fact,from the laws and regulations of our country currently implemented or can find a part associated with the personal information protection law,but these laws and regulations are not concentrated,also appeared in various departments of law.This paper is based on research from the perspective of civil law,the integrated use of literature analysis,concept analysis,comparison analysis,case analysis,and to construct a full protection of personal information of citizens in civil law system,clear protection of personal information of the basic principles of civil law and civilliability.In addition to the introduction and conclusion,this study focuses on three parts of civil personal information protection of civil law system in detail and demonstrated.The first chapter is an overview of personal information,personal information rights and related theoretical basis.Using the literature analysis method,concept analysis,the concept of personal information are analyzed,and compared with the related concepts,and summarizes the characteristics and types of personal information;secondly,the main theory of personal information protection of the right of personal information legal attributes are analyzed based on theoretical basis fully for the subsequent demonstration of this study;the second chapter is the legislation of personal information protection in our country and facing challenges.First,from the perspective of the general principles of civil law,civil law provisions,the relevant judicial interpretation and judicial practice of China's current legislation of personal information protection of civil law are summarized;secondly,through the use of case analysis method,starting from the relevant judicial precedents of personal information in our country,the shortcomings of the civil law protection of personal information in our country;the next.By using the method of comparative analysis and literature research methods,analysis of international organizations and the existing system of typical countries and regions on the legislative situation,combined with China's actual legislation,in and outside the protection of personal information on the basis of comparison,summed up the merits of the civil law protection of personal information in china.The third chapter is the path to improve the protection of personal information in civil law.In view of the shortcomings of the civil law protection of the personal information of our citizens,this paper puts forward some suggestions from three aspects: concept clarification,basic principles and imputation principles.One is the concept,subject,object and content to clear the right of personal information;two is the five basic principles of clear protection of personal information in our country,namely the principle of openness,restriction principle,information quality principles,security liability principle,subject rights and interests principle;three is based on the constituent elements of the tort liability of personal information on the imputationprinciple and responsibility to improve the civil liability of infringement of personal information to bear the way to civil protection for Chinese citizens personal information to provide certain reference value.