On The Right Attribution And The Protection Of Personal Information

In the context of the successive promulgation of the Civil Code and the Personal Information Protection Bill(Draft),our personal information protection system has gradually been constructed.The Civil Code stipulates privacy and personal information protection in the form of a single chapter in the Personal Rights Edition.At the same time,the publication of the Personal Information Protection Bill(Draft)provides detailed applicable rules for personal information protection.A personal information protection system has been gradually established.However,there are still disputes over the content of the private rights of personal information,which has led to ambiguities in the exercise and the protection methods of personal information rights.The provisions on the protection of personal information in the Civil Code should be explained and demonstrated to clarify personal information rights.It is necessary to make the personal information protection system conform to the goal of the systemic construction of the Civil Code.Personal information rights are a combination of multiple rights and interests,including privacy attributes,identifying personality interests,property interests,and public interests.The private information of natural persons has the attribute of right of privacy,which should be protected by the right of privacy.Non-private information has identifying personality interests,which contains the personal dignity and freedom of the information subject.At the same time,personal information contains property interests.The property interests belong to the information subject.After the information subject or its guardian agrees to allow others to use it,the information processing party’s information collection and processing are legal.Finally,personal information rights include public interests.Because personal information is usually protected by public law.Due to the complex nature of personal information rights,when the rights of personal information are exercised or protected,the distinction between the content of different rights should be insisted on.The rules for the exercise of personal information rights are constructed and implemented on the basis of interest measurement.The method of value judgment and interest measurement is used for adjustment.The notification and consent rules could adjust the personal conflict of interest between the information subject.And the personal interests and public interests of personal information are adjusted through the fair use rules in order to solve the conflict.It is important to apply the method of legal interpretation to construct a reasonable system of rules for the exercise of personal information rights.The consequences of personal information infringement are serious and the infringement act is diverse.The principle of no-fault liability is more appropriate as the principle of liability for personal information infringement.From the perspective of interpretation theory,the current principle of liability for personal information infringement should still be the principle of fault liability.In addition,the benefit measurement should be integrated into the whole process of determining the liability for personal information infringement.The private law protection of personal information is mainly realized through two ways,the right to claim the right of personality and the right to claim tort liability.There are essential differences between the two.The right to claim the right of personality has a unique role that cannot be replaced by the right to claim tort liability.The protection of personal information rights needs to coordinate the application of the personality rights and tort liability of the Civil Code.So that we could build a complete personal information protection system of private law.