Font Size: a A A

Civil Law Protection Of Personal Data Rights

Posted on:2020-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:M F LiFull Text:PDF
GTID:2436330578981814Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
In big data era,personal data has become one of the driving forces of social development.Big data Exchange,artificial Intelligence,big data Industry and other related industries,rely on the collection,storage,analysis and processing of personal data.Personal data becomes a strategic resource that can be traded,shared and disseminated.The application of personal data not only promotes the development of society,but also brings inevitable problems.For example,personal data is used without the knowledge of the data holder,private data is leaked,and so on.The general provisions of civil law respond to the protection of citizens' personal information by law in accordance with the provisions of principle,which protects the right of citizens to personal information by law.Legislative progress.However,due to the difference between "personal data" and "personal information" in nature and content,and personal data contains great economic value and social value,the legal status of personal data also needs to be regulated by civil law norms,and the rights of personal data are protected by civil law.This paper is divided into five parts: the first part is the introduction.A statement of the research background,significance,value,research methods and so on.It is of theoretical significance to study the civil law protection of personal data rights in response to social development and hot issues,as well as the practical significance reflected from the aspects of legislation,judicature and social value.The second part is the analysis of the legal attributes and related theories of personal data rights,including the selection of professional terms,the differences and relations of related concepts,the analysis of the basis of personal data rights and so on.First of all,it is necessary to clarify the definition of personal data,which will help to define the nature and content of the rights to personal data.The discussion of.Secondly,it is the key to further analyze the civil law protection of personal data rights to clarify the concepts of "personal information" and "personal data",as well as the relationship between the subconcepts that data is only information.The third part is the legal analysis of the civil law protection of personal data right,and puts forward the general personality right as the object of civil law protection.This paper points out the perplexity of personal data protection in the current civil law norms.The fourth part is the current situation and evaluation of the civil law protection of personal data rights in foreign legislation,focusing on the European Union,the United States and Japan,and compares and comments on the civil law protection of personal data in the European Union,the United States and Japan.Part V The article is the theoretical response of the civil law protection of the personal data right and the suggestion of the practice,and introduces the "balance of interest theory" to balance the contradiction between the personal data protection and the data development of the civil law so as to seek the interests of all parties to be taken into account,and it is lawful and reasonable in a relatively fair and equitable environment.In order to carry out data competition.At the same time,the author makes an individual's suggestion to the deficiency of the personal data right civil law protection,and the principle that the civil law system protects the personal data right should lay the key to the personal data right content protection in the principle of the civil law,and promote the security and the legal guarantee of the rights and interests of the individual data.The person who maintains the data right To standardize the processing,use and transaction of data by all parties,so that personal data can develop in an orderly,stable,safe and legally guaranteed social environment.
Keywords/Search Tags:personal data rights, civil law protection, general personality rights, property rights
PDF Full Text Request
Related items