Civil Law Protection Of Personal Information Right In The Era Of Big Data

The General Rules of the Civil Law stipulates that personal information shall be protected by law,which is the key step to the legislation of personal information protection in China.However,these clauses are only the reverse argumentation of the prohibition of damage,lacking the positive right structure definition.It is not enough to deal with the new infringement of personal information in the era of big data.So this article will be based on the legitimacy of personal information right,the attribute of right and the composition of right to improve the legal construction of personal information right and provide more specific legal remedies for the right.Personal information should be protected through the form of right.The legitimacy of the right is manifested in the following aspects: the improper use of big data technology leads to the infringement of personal information more serious than before;the property value of personal information has also been fully exploited due to the development of the era of big data;relevant provisions about the protection of personal information are stipulated in chapter 5 of The General Rules of the Civil Law,Civil Rights which is juxtaposition of other rights;in recent years,our government has introduced laws,regulations and judicial interpretations to protect and regulate the collection and utilization of personal information.Personal information right should be a new civil right.Through the comparative study of the different views on the personal information rights,such as general personality rights,privacy rights,property rights,and combined with the new developments in the era of big data,this article puts forward the viewpoint--a new right theory.Personal information has both personal interests and property interests and should be protected by law;other rights can not provide full protection to personal information,the uniqueness of the contents of personal information rights;similar to the intellectual property right.Therefore,it should be a new right after intellectual property right.The legal construction of personal information right should take into account its attribute of right and the new invasion in the era of big data.Based on the above two aspects and following the legal logic of right construction,the rights and obligations of persons,legal persons,and states should be specific;the object of personal information right should be classified into general personal information and sensitive personal information which is based on the public's common cognition and the severity of the consequences of disclosure;Subdivide the content of the right,such as information control right,information deletion right,information compensation right,etc.;update the right relief methods,such as introducing the system of inverting the burden of proof and the system of punitive damages.From the above four aspects,this article try to improve the legal construction of personal information right.