Legal Attributes And Protection Path Of Personal Information

As we enter the era of big data,the economic value of personal information becomes more prominent.Acts of infringing on the personal information of natural persons occur from time to time,and the call for the protection of personal information into the law has increased.Article 111 of the "General Rules of Civil Law" specifically stipulates the rules for the protection of personal information,but it is only a principled provision,and it does not clarify the legal attributes,connotation and extension of personal information,which brings great difficulties and challenges to judicial practiceFrom the perspective of the construction and protection of rights,this article follows the research path of finding problems-proposing problems-solving problems,responding to the practical necessity of strengthening the legal protection of personal information,why it is an emerging right and the current status of academic research on this issue(introduction),clarify the legal concept of personal information(Chapter 1),analyze and compare the protection path of personal information outside the domain(Chapter 2),and conducted an empirical study on the legislative process and judicial practice of personal information protection in China(Chapter 3),then finally in view of the difficulties and problems that need to be solved urgently in China,we will construct a path to protect personal information right(Chapter 4).in particularIn Chapter 1,takes the basic theory of personal information as the starting point.Through in-depth study of the similarities and differences of similar legal concepts such as "personal information","personal privacy",and "personal data",the definition of personal information is defined as "information recorded electronically or otherwise various information that can identify a specific natural person alone or in combination with other information ".And analyzes the essential elements of personal information "identification" and form elements "records".Then summarized the five theories of the legal attributes of personal information,including the constitutional human right theory,privacy right theory,general personality right theory,specific personality right theory and ownership theory,and put forward the view that it is a personality right with both personality and property attributes.And the former is mainly,the latter is supplemented.In Chapter 2,reviews the legislative process and judicial practice of personal information protection in China.Although China has strengthened its emphasis on personal information and gradually formed a multi-faceted and multi-level protection system,the system needs to be improved.Then,through the search and analysis of the judgment documents online using the "personal information right" as the keyword,and courts found that there were 26 cases of personal information infringement,it summarized the types of personal information infringement in China,including improper collection,disclosure and use.Afterwards,a legal analysis is conducted on the violation of personal information from the facts of damage,the causal relationship with the consequences of damage,and the assumption of responsibilityIn Chapter 3,draws a conclusion that the different protection modes are based on personal information is a personality right that changes from passive defense to active use and protected by Constitution and Civil Law,through compareing three different ways of protecting personal information outside the region,including distributed and self-discipline mechanism of combining the protection legislation pattern,unified legislation protected mode and compromise type protected mode.Based on the theoretical basis of the right to privacy in China,the right of personnal information can not be completely replaced by privacy right,but the unified legal system,the promotion of industry self-regulation,the enhancement of ex-ante prevention and ex-post relief and the optimization of judgment standards for "agree" can be used for reference.In Chapter 4,puts forward personal suggestions on the construction of personal information protection path in China:firstly,a special personal information protection law should be formulated to clarify the scope of protection,set up a special regulatory body,strengthen self-discipline of the industry,formulate exit rules and strengthen overseas protection of personal information,establish a risk management and assessment mechanism based on specific scenarios,apply different fault principles and establish a special damage compensation system.Secondly,the judicial application principles of personal information protection should be clarified,including the principle of legality,the principle of informed consent,the principle of limitation of purpose,the principle of minimum necessity and the principle of accuracyThe concluding part emphasized once again the importance of strengthening the protection of the right of personal information of natural persons while promoting steady social and economic growth.