Research On Personal Information Protection From The Perspective Of Civil Law

In the era of big data,personal information is changing from simple identification symbols to material resources with important market value.Against this background,a large number of subjects such as information controllers and information processors have emerged.Improper collection,processing,or use of personal information has increased dramatically,impacting the existing personal information legal protection system.This article analyzes the civil rights attributes of personal information and various challenges faced by personal information in the context of big data.It is found that the civil law protection of personal information has inherent advantages.It can not only take into account the personal and property interests of information subjects,but also balance the information subjects' rights and interests with the information processor or information controller.However,under the circumstance that the right to personal information has not yet been stipulated,China's civil laws usually choose specific personal rights such as the right to privacy to protect personal information.However,personal information cannot be covered by the right to privacy,its scope is far greater than privacy,and there are many differences in protection methods and forms of rights.The right to privacy does not meet the needs of information subjects to safeguard their rights.To this day,research on the protection of personal information in countries around the world has never been interrupted.The EU 's unified legislative model clarifies the existence of the right to personal information,which enables the information subject to have a clear legal basis for remedy in the event of infringement.However,its excessive reliance on the public power of the state will cause the rapid flow of information to be hindered.The protection model of decentralized legislation in the United States can better meet the needs of the development of the digital economy,and pay more attention to the importance of the free flow of information and the self-discipline of the industry.The problems emerging from the rapid development of information technology can be solved in a timely and effective manner,but this model has emerged in different fields Numerous industry standards,different standards or legal provisions often conflict with each other,affecting the authority of the law,so China should adopt the model of establishing personal information rights in civil law in order to directly protect the information subject.Based on the analysis of the status of personal information protection in China and the protection model of personal information outside the country,this article puts forward the following suggestions for improving the protection of personal information in China 's civil law: raise the protection of personal information in Article 111 of the General Principles of the Civil Law from the protection of legal interests to the protection of rights,and further Clarify the specific content of the right of personal information;establish the principles of personal information protection;strengthen the responsibility system for the protection of personal information rights starting from industry self-discipline and corporate social responsibility;and improve the responsibility system for personal information infringement.