The Exercise Of The Right Of Personal Information

The protection of personal information should not focus only on the legal level.The purpose of the study on the exercise of personal information right in this paper is to find solutions by analyzing the obstacles and problems in the realization of personal information right.Starting from introducing the content and attributes of the right to personal information,this thesis studies and analyses the legal and judicial practice of personal information protection in China and foreign countries,explores the problems that are difficult to implement and solve by legal provisions alone,and considers countermeasures.The first part of the thesis is about the attribute and content of personal information right.The attribute of personal information right has the characteristics of personality right and property right.Among them,the attribute of personality right is the fundamental attribute of personal information right.The protection of personal information by law is to a large extent the protection of personal interests contained in personal information.The property right attribute is the product of the times.With the development of commodity economy,the economic value of personal information becomes more and more obvious.The property right attribute will inevitably be reflected in personal information right.The second part of the thesis is about how to exercise the right to personal information.There are many ways to exercise rights.Firstly,different functions of rights inevitably lead to different ways of exercising rights.Personal information rights can be divided into domination right,formation right,claim right and relief right.Then,different links of information flow will lead to different ways of exercising rights.The circulation of personal information is mainly the collection,processing and utilization of links.The circulation links of personal information right involve the behavior pattern and rights and obligations of many parties,so it contains a large number of ways of exercising personal information right.The third part of the thesis is about the difficulties in exercising the right of personal information.On the one hand,the exercise of personal information rights and freedom of information need legal protection,but there is a natural opposition between them.On the other hand,in the process of collecting,processing and utilizing information,the lack of effective supervision of the information counterpart will also lead to the realization of personal information rights.Moreover,due to the difficulty in defining personal information right damage compensation and the malpractice of allocating the burden of proof,it is also difficult for the information subject to exercise the right of relief.The fourth part of the thesis is about the solutions to the difficulties in exercising personal information rights.In terms of value,freedom of information should be conceded to the realization and protection of personal information rights;in terms of supervision,third-party supervision organizations can be established and self-regulation of the Internet industry can be promoted;in terms of relief of personal information infringement,the problem of damage identification and compensation amount should be solved,and the burden of proof should be reasonably allocated so as to make the exercise of relief rights more effective.