Analysis On The Attribute Of Personal Information Right From The Perspective Of Private Law

Personal information refers to information that can directly identify a specific natural person or indirectly identify a specific natural person in combination with other information.Personal information points to the person,showing his natural and social traces left since he borns,and has strong personality attributes and benefits.At the same time,as an important resource and production factor,personal information has become increasingly prominent,and its property value has received widespread attention.However,against the background of the rapid development of information technology,personal information infringement is frequent.The public law of personal information has limited regulatory effects,and private law regulations are absent.Although Article 111 of China's Civil Code affirms that personal information is protected by law,it does not clarify the right attributes and entitlement.The development trend of informatization calls for the protection of the right of personal information.There are many disputes about the right nature of personal information in academic circles.The main viewpoints are the theory of privacy,property,and personality.Personal information has independent personality value,possesses absolute rights,and meets the requirements of belonging effectiveness,exclusive effectiveness and typical social openness.In terms of specific structural standards,personal information entitlement and rules have matured.The content and boundaries of personal information rights are clear and specific,which can generate an independent personality right,that is,a specific personality right.In order to strengthen the private law protection of personal information,specifically atthe legislative level,the nature of personal information right should be clarified,the principle of informed consent should be adhered to,the type and entitlement of personal information should be refined,and the protection of personal information infringement should be strengthened.This article is mainly divided into four parts.The first part introduces the basic concepts and values ??of personal information.Based on Article 111 of China's Civil Code,it analyzes the theory of interests and rights of personal information.From the theory of rights,personal information should be a right.The second part analyzes the theory of privacy,property and personality,based on the theory of rights,and concludes that personal information right should be a personality right,and excludes the feasibility of a general personality right.The third part focuses on the legitimate foundation and the constitutional elements of specific personal rights to analyze the legal status of personal information right in the protection of China's private law.The personal information right should be an independent new type specific personality right and absolute right.According to the specific personality right's attributes,the fourth part proposes to confirm the specific personality right's attribute of personal information,refine the classification and entitlement system,carry through the principle of informed consent and perfect the tort relief specifications.