Research On The Legal Protection Path Of Personal Information Right In China

With the continuous development of the information society,the protection of personal information rights caused by a large number of violations of citizens' personal information is increasingly concerned by the state,society and ordinary people.Personal information refers to all kinds of information recorded electronically or in other ways that can be used to identify individuals.It can be used independently or in combination with a number of information.Personal information right refers to the right of information subject to control personal information and exclude other people's interference in the process of collecting,processing and utilizing personal information.Personal information right is a kind of compound civil right,which combines the nature of person and property.At present,the infringement of personal information is very common in China,and the protection of personal information right is becoming increasingly prominent.On this basis,this paper explores the legal protection path of personal information right in China from the following four aspects.The first chapter mainly studies the historical evolution of the concept of personal information right and the definition of personal information and personal information right,and compares and distinguishes personal information with similar concepts.Emphasis is laid on the analysis of the constituent elements of the right to personal information,namely the subject,object and content.Chapter two focuses on the nature of the right to personal information.It analyses and demonstrates the right to privacy,the right to property and the right to personality respectively.Finally,this paper holds that personal information right is a kind of compound civil right,which has both personal and property attributes.The third chapter starts with the outstanding problems faced by the protection of personal information right in China,lists the basic norms of the protection of personal information right in China,and points out the defects of the legal protection system of personal information right in China.The fourth chapter focuses on how to improve the legal protection system of personal information rights in China.On the one hand,from the perspective of perfecting the legislation on the protection of personal information rights,it advocates adhering to the principles of legitimate use,open use,restriction of use,safe use and right relief,and incorporating specific norms of personal information protection into the sub-provisions of the Civil Code in a unified legislative model;on the other hand,it should be perfected.From the perspective of self-discipline mechanism for the protection of personal information rights,it advocates strengthening government supervision,implementing corporate responsibility and consolidating industry self-discipline.The ultimate goal is to explore a practical and effective legal protection path of personal information rights in line with China's national conditions.