| With the development of information technology,the problem of information leakage is becoming increasingly serious,and there are more and more disputes involving personal information.The collection and processing of citizens’ personal information has become an urgent problem to be solved.The only way to solve this problem is to establish the right of personal information and introduce the personal information protection law.Taking the sample cases as the breakthrough point,this paper analyzes the cases and existing problems of citizens’ personal information leakage,which is of great significance to safeguard civil rights,promote the development of legislation and promote the security of personal information.Chinese criminal law and part of the administrative law have made a relevant interpretation of the protection of personal information,which clear its protection content.Comparatively speaking,the civil law adopts indirect protection mode.It is regulated by the general principles of civil law,tort liability law and many current judicial interpretations.However,they all have their fixed scope of application.There is a phenomenon that the right of privacy,reputation and portrait right are confused to protect personal information.There is no corresponding legal system to solve the problems brought by personal information.Starting from the concept of personal information,it is necessary to clearly define the concept and characteristics of "citizen personal information",especially the scope of "citizen personal information",and distinguish it from the right of privacy.For the characteristics of citizen’s personal information,we should take "identification" as the core feature.The protection of personal information mainly focuses on the protection of personal attributes in life practice,and it is difficult to respond to the demands related to their property attributes.It should be made clear that the right of personal information,as a comprehensive right,has the attributes of both personality interests and property interests;In the aspect of infringement identification,it is clear that the personal information tort liability should have four elements at the same time: the liability for infringement should be based on the actual situation,different imputation principles are applied to different subjects.According to the basic principles of equality,justice and protection of the weak,and the interests should be balanced;For the consequences and remedies,according to the different degrees of damage caused by personal information infringement,punitive compensation mechanism is introduced to improve the intensity of punishment on infringers;In the face of the current problems,we should establish a unified big data management platform,improve information security technology,adopt the personal information classification system,formulate a unified "personal information protection law",improve citizen awareness,strengthen industry self-discipline and supervision,and take multiple measures simultaneously. |
