Research On The Improvement Of Legislation Of Civil Protection Of Personal Information

Since 2003,the Information Office of the State Council deployed the research work on the legislation of personal information protection,until 2018,the personal information protection law was included in the legislative plan of the Standing Committee of the 13 th National People's Congress.Over the past decade,with the development of science and technology,"information" has become a very important social resource.Novel coronavirus cases are more and more typical.Xu Yuyu was deceived by the sudden death of tuition fees,and then had personal information leakage during the outbreak of the new coronavirus pneumonia.Especially with the increasingly prominent property attributes of personal information,people are increasingly calling for strengthening the protection of personal information.Strengthening the protection of personal information is not only an inevitable requirement for the legal society to protect the personal and property security of citizens,but also helps to promote economic development and prosperity of international trade.In addition,the legal protection of personal information in the era of big data is the general trend.Although there are some relevant laws and regulations on personal information protection in China,there are still some deficiencies through empirical research: first,the legislation on personal information protection is too scattered,and there is no special legislation on personal information protection;second,the scope of personal information is not clear,and the concept of "personal information" is ambiguous,which makes it difficult to determine personal information and privacy in judicial practice The limits of rights,reputation rights,name rights and other personal rights are easy to be different in the same case and different judgments in the same case,which will damage the fairness and authority of the law.Finally,the personal information relief procedure is not perfect.On the one hand,the traditional individual litigation can not meet the characteristics of the group of personal information infringement,and the representative litigation system can not meet the personal information due to its institutional reasons On the other hand,the distribution of the burden of proof of "who claims,who adduces" is a big challenge to the information subject who is in a weak position,which increases the difficulty of the information subject's rights protection.Through combing the background and evolution of personal data protection legislation in Taiwan and introducing the content of personal data protection law in Taiwan,based on the current situation of legislation and judicial practice in China,this paper concludes that the perfect path of civil protection of personal information in China is as follows: on the legislative model,from the necessity and feasibility of making a special personal information protection law In terms of the scope of protection,we should define the concept of "personal information" and clarify its boundary with other personality rights by the way of identifying definition.In addition,we should reasonably define the scope of protection of personal sensitive information based on the actual situation,and carry out special protection of sensitive personal information based on the principle of prohibition;in the relief mechanism,based on the status quo that the information subject is in an absolutely weak position in tort cases,on the one hand,we should introduce the system of group litigation,and set up an incentive mechanism for the application of group litigation;on the other hand,in civil individuals In the case of information tort,the principle of fault presumption is adopted to redistribute the burden of proof and reduce the burden of proof of information subject.