On The Civil Law's Protection Of The Personal Information

In recent years,there have been increasing cases of infringement of the rights and interests of personal information.With the rapid development of information technology,personal information protection will face new challenges.The protection of personal information in China is more reflected in the field of public law.The personal information civil legislation has obvious lag.Considering the basic and pre-emptive role of civil law protection,the construction of a civil legal system for the protection of personal information is urgently completed.In addition to the introduction and conclusion,this article discusses the personal information protection system in four parts.The first part discusses the significance of establishing and perfecting the personal information civil law system from three aspects:threats to personal information rights and interests,the necessity of civil law protection to personal information and legal difficulties.The lack of protection in civil field is precisely due to the lack of relevant legal systems.The "General Rules of Civil Law" stipulates that the protection of personal information in principle cannot meet the need to protect personal information,and personal information right should be established as soon as possible.The second part discusses personal information and personal information rights from the aspects of definition,content and attributes.Personal information is information that can be recorded electronically or otherwise to identify a specific natural person.Personal information rights belong to personality rights because of their prominent personality interests.Personal information is different from the objects of other specific personality rights such as privacy and portraits,and the content of specific personal rights is more abundant and cannot be covered by other specific personality rights.Its independent specific personality right status should be established in law.The third part analyzes the basic principles,rights and special provisions in the personal information protection rules of the European Union,the United States,and Japan through comparative law research,and compares it with the "Civil Law" which is compiled now in China,with a view to proposing the comprehensive protection for personal information.Part IV proposes specific measures to improve the protection of personal information in civil law.Including legislative suggestions on the connotation of personal information,the establishment of personal information rights,the content of personal information rights,etc.;strengthening the role of industry self-regulatory organizations to cooperate with legal regulations;increasing the illegal cost of infringing personal information rights to deter civil subjects.