Study On The Civil Law Protection Of Network Personal Information

With the rapid development of internet technology,the commercial value,social interaction value and management value of personal information are increasingly prominent.At the same time,because of the characteristics of concealment,speediness and technicality,personal information security suffers more threats while people enjoy the convenience of network.In recent years,the network personal informational infringement incidents show an explosive growth trend,and the protection of personal information on the internet has become a hot issue of the whole society.At present,China's legal rules on the protection of personal information are scattered in different department laws,although the general principles of civil law made it clear that personal information is protected by law for the first time.However,this regulation still does not list personal information as a property right or a specific personality right,which greatly reduces the protection of internet personal information.In contrast to China,the legal research on the protection of internet personal information in European and American countries is precisely based on the theory of personality right,the purpose of legislation is to protect the personality rights of persons from being violated by the disposal of information.The United States protects personal information on the Internet through its unique privacy theory.The theory mainly emphasizes the control of the information enjoyed by the natural person.Germany has developed the right of self-determination of personal information through the right of self-determination in personality theory to improve the right to know,participate and control information processing.Because the legislative activities and theoretical discussions all over the world emphasize the control of information by the subject.In the process of using the theory of property rights to explain the source of the right of control,scholars who advocate the theory of information control have raised a discussion about protecting personal information on the Internet through the theory of property rights.The theory of property rights is mainly based on the property value of personal information in the market transaction and the control of information subject over the transaction content.However,it ignores the difference between the property value of personal information and the property value of general goods,that is,the close relationship between the property value of personal information and the information subject,which to a certain extent increases the occurrence of moral atmosphere in information transaction Probability of risk.Therefore,although the law should protect the property value of personal information,the property value of personal information does not change the right attribute of personal information,but expands the content of personal information,which should still be protected as a specific personality right.As a specific personal right with property value,network personal information is protected by civil law,not for the purpose of protecting the peace of life of natural people from being infringed in the Internet era,but for the purpose of ensuring the legitimate and orderly flow of personal information,the human dignity of natural people will not be infringed,and no one can collect,process and use it without the consent of the information subject People have the right to use,query,delete information and obtain economic benefits related to information.In order to achieve this legislative purpose,the personal information on the Internet should be determined as a specific personality right in the code of personality rights of civil code.If it can be determined as a specific personality right,it is of great significance to realize the interests of information subjects and promote information transactions.At the same time,we should also stipulate the relief methods,which should include two aspects:on the one hand,we should confirm the claim right of personality right in the compilation of personality right,and improve the protection system of personality right;on the other hand,we should define the infringement of personal information on the Internet,clearly determine the constituent elements of the infringement of personal information on the Internet and the consequences of the damage.