| In recent years,with the rapid development of Internet technology,the amount of electronic information data increases rapidly,and the economic value of personal information and its impact on daily life is increasingly evident.In the network environment,when network users use network products and enjoy network services,information controllers and information handlers illegally collect and use personal information of network users and other illegal behaviors are also increasing rapidly.In daily life,the disclosure of personal information has led to a series of infringements,which not only seriously affected the life and property safety of citizens,but also disrupted the social management order.In the general provisions of the Civil Law of the People’s Republic of China promulgated in 2017 and the draft of the right of personality in the Civil Code of the People’s Republic of China(the draft was reviewed three times)promulgated in 2019,the protection of personal information of natural persons has only played a declarative role,the right to personal information is not clearly established and the relevant provisions are vague.Facing the challenge of big data,the personal information protection in the civil law system has been difficult to deal with.Under this background,the Civil Law,as the basis of all laws,needs to speed up the pace and further improve the protection of personal information and information subject.This article takes the personal information civil law protection as the main research object,launches with a typical personal information network infringement case,analyzes the judgment result of the Court of First and second instance,and indicates own viewpoint,leads to the concept of personal information.Combined with the specific background of the network environment,this paper probes into the relevant concepts of personal information and personal information right under the network environment,defines the legal attributes of personal information right,and through distinguishing the boundary relationship between personal information right and privacy right,the author holds that the right of personal information is an independent right,not only a civil legal interest,and should be protected independently from the right of privacy.Subsequently,the author has studied the current law of our country about the personal information network infringement civil law protection related clause,through the case analysis,the contrast analysis and so on way,summarizes the question which exists in the practice,in the view of Comparative Law,this paperanalyzes the relevant legislation outside the country,and puts forward that the unified legislative mode should be adopted in the construction of personal information legal system in China.Finally,in response to the problem of personal information network infringement in judicial practice,put forward suggestions for improvement,establish special legislation to establish the right to personal information,clarify the standards for determining personal information network infringement,adopt rules for the transfer of responsibility for providing evidence,and post personal information network infringement incidents,Further refine the relief measures,etc.and build a comprehensive personal information protection mechanism at multiple levels. |
