| Personal information property interest is the interest with economic value inherent in personal information reflected in the data circulation,which is attached to the information subject and cannot exist independently.Although both personal information and data are information,they are quite different from each other.The essence of data information is a kind of property,which is protected by the property right,while personal information is already included in the part of the right of personality in the general provisions of the civil law,so it should be protected by the right of personality.Therefore,the property right supported by many scholars does not apply to the protection of personal information property interests.However,the concept and scope of general personality right are too broad,more are some conceptual and principled provisions,lack of specific and detailed provisions,due to the particularity of China’s national conditions and the complexity of the information market,the general provisions of general personality right cannot match the complex and changeable problems in real life.Comparatively speaking,the specific personality right is more suitable as the basis of protecting the interests of personal information and property.According to the analysis of various situations of personal information in the process of data circulation,improper collection,utilization and management of personal information will result in the infringement of personal information property interests.The subjects of these torts may be state organs or non-state organs.Different from non-state organs,state organs have a strong position with heavier responsibilities and obligations,while non-state organs usually pursue economic benefits,and it is not their duty to serve the society.Since the state organs themselves have advantages that non-state organs do not have,they have certain characteristics in collecting,processing and managing personal information.In order to maintain the public trust of the state and the government in the hearts of citizens,the principle of no-fault liability should be applied when the state organs infringe upon the interests of personal information property.In order to solve the problem of the difficulty and high cost of proof when the information subject is confronted with the infringement of the interests of personal information property by non-state organs,and to prevent the excessively strictprinciple of imputation from going against the development of the data industry,the principle of presumption of fault should be applied when the interests of personal information property are infringed by non-state organs.At present,few of the existing laws and regulations in China can effectively protect personal information,resulting in the lack of legal supply.Moreover,the protection of personal information in these laws and regulations is one-sided.Most of them only focus on the interests of personality but ignore the interests of property,which leads to the infringement of the interests of property without effective remedies.Citizens’ personal information property interests protection consciousness,lack of rigorous personal information property interest protection system of legal system and the existing assets of the infringement of personal information of the new situation is difficult to deal with the problems existing in the property interest personal information protection in China now,the protection of the personal information property interest problem has become a hot topic of The Times,information on how to overall effective to protect their own safety and the property interest become people to focus on objects.In order to solve these problems,reasonable standards of personal information and property interests protection should be established first.In combination with the actual situation of China’s national conditions,in order to find the balance point between data economic development and personal information and property interests protection,state organs and non-state organs should be separated and different protection standards should be applied.And then improve the property interests of personal information infringement responsibility,especially in the case of damages to suggest introducing punitive compensation system to the protection of personal information property interest,this can not only ensure the holder to obtain the most basic damage compensation,and by increasing the penalties for infringement behavior person,virtually raised the infringement cost,increased after its liability,can sanctions against illegal behavior effectively,to strongly stem of malignant infringement,through the way of the severe punishment to prevention and punishment of the offender,to the right holder to soothe,which helps to realize social fairness and justice.Property interest and,finally,because the personal information protection and other rights of the same,are all need to be restricted,when it with partial rights confrontations,andeconomic benefit balance,for the use of the teaching and researching activities,for as have to wait for in the future can be liability for property interests of the behavior,so the ground property interests of personal information should be definite relief. |
