On Basic Theory Of Personal Information Protection In Civil Law

Since the 1960s,the rocketing development of computer and internet makes personal information digitized in large quantities,the risk of personal data being randomly collected and misused increases dramatically,which has accelerated legislation to protect personal information worldwide,and then formed the European and the United States two representative legislative models.In recent years,with the progress of domestic information technology,the age of big data has arrived,and data has become an important means of production.The contradictions between the people and the government or the enterprises about the collection and use of personal information are increasingly prominent.Personal and property damage occurs frequently due to information leakage and abuse,which needs to be solved by legislation urgently.In addition to the civil law,department laws such as the constitution,administrative law and criminal law also share the responsibility of protecting personal information.However,the civil law is not only the way to seek private law remedy,but also the most direct way for individuals among these laws.Therefore,the basic theory of civil law protection of personal information should be clarified first,and it can provide theoretical support for the subsequent rule design.On the basis of clarifying the object of legislative adjustment,this paper discusses the practical necessity of personal information protection in the information age,explains the feasibility and oughtness of giving individuals information right,and further demonstrates the theoretical basis of the right to personal information.Based on this,a new attempt is made to the construction of our civil rights system.This paper is divided into four parts.In the first part,the relationship between the three similar Chinese translation words for"personal data" is defined and the rationality of personal information as adjustment obj ect is explained through the in-depth analysis and comparison of the connotation of the three words.Starting from the three aspects of information technology,economic and political and international environment factor,the second part has separately described many practical bases for civil law protection of personal information.The third part starts from the commonness of personal information and intellectual property object and proves that personal information can be a new civil right object.The right does not limit freedom of speech and action.Then,the part roughly describes the right construction path of "righting of behavior regulation" of personal information.In addition,through the analysis of the interest characteristics of personal information,this part proves that the interest has reached the saturation and extensiveness of civil rights.Therefore,personal information of article 111 of General Rules of the Civil Law of the People's Republic of China should be understood as a right,not a benefit.In the end,the right to personal information is re-examined according to the internal ethical elements of right formation,and come to a conclusion that giving individuals information right does not lead to the generalization of rights.The fourth part has sorted out the theoretical system of personal information protection in the United States and Germany.The United States incorporates the protection of personal information into its unique theoretical system of privacy right.Based on the general personality right,Germany has created the right of personal information self-determination in the constitution to protect personal information.Both of them find the theoretical basis in their domestic legal system and completed the integration of personal information right and existing right system According to this,we should respect our country's legal tradition,combine the basic personality interest characteristic different from privacy carried on personal information,and define the right as a new type of specific personality right different from the right to privacy.