Research On The Protection Of Personal Information By Private Law

The era of big data is an era where personal information bursts with infinite value.Personal information has become an important driving force for social operations and plays an important role in business practices and government management.At the same time,phenomena such as personality discrimination and interest encroachment caused by illegal collection and improper use of personal information have also emerged one after another.Regulating the collection and use of personal information through legal means is an important way to protect personal information and realize the value of personal information.In addition to the introduction and conclusions,this article consists of five major parts,focusing on the analysis of feasible paths for the protection of personal information in private law,in order to help improve my country’s personal information protection system.The first part discusses the concept of personal information and the object of private law protection.In the concept of personal information,emphasizing recognizability and relevance is its essential feature.At the same time,the characteristics of private information,personal data and sensitive personal information are compared and analyzed.Private information is relativity.When regulating private information infringements,distinction can be made according to the situation or subject,so as to more accurately limit the scope of private information.Analyze the synonymy between personal data and personal information,no longer distinguish the concept of personal information and personal data,but use personal information as a general expression.Sensitive personal information belongs to the subordinate concept of personal information,and has a strong correlation with the person and property of natural persons.The object of personal information private law protection is the legal interests of personal information,that is,the legal interests of personal information.The second part explains the value goal and theoretical basis of personal information private law protection.The value goals of private law protection of personal information include the personal interests and property interests of the information subject,the property interests of the information processor,and the public interests of the society.The theoretical basis for the protection of personal information by private law is divided into four aspects.First,the theory of human rights.In the information society,we must pay attention to the protection of personality in the online world.In a sense,this is the protection of human rights.Second,the theory of personality rights.The important goal of personal information protection is to protect personal dignity and other rights and interests.Third,the theory of the right to information self-determination.The right to self-determination of personal information gives the information subject the power to control personal information,which provides theoretical support for the realization of independent control of personal information.Finally,the theory of property rights.The realization of the economic value of personal information lies in the play of its use value.Entrusting personal information with the protection of property rights has the effect of regulating the information market.The third part analyzes the current status and deficiencies of the legislation of private law protection of personal information in my country.Since the "Decision of the Standing Committee of the National People’s Congress on Strengthening the Protection of Online Information" in 2012,my country has successively promulgated a number of laws and regulations to provide for the protection of personal information.Generally speaking,my country’s legislation system on the protection of personal information is relatively fragmented,and the protection of private law is relatively weak.It is difficult to complete the reasonable,effective and complete protection of personal information in practice.The main shortcomings at this stage are as follows: First,the system design of the combination of privacy and personal information protection in the "Civil Code" Personal Rights Edition has drawbacks;second,the general principle of "informed consent" is difficult to achieve the expected value;Third,the path to the reasonable use of personal information is not clear.The fourth part introduces the main foreign regulations on the protection of personal information by private law.The U.S.personal information protection legislative system is based on the "Privacy Act",while emphasizing the role of industry organizations in a self-disciplined manner.The United States adopts a balanced and protective regulatory approach to privacy,focusing on preventing the actual harm caused by the abuse of personal information.The EU tends to regulate the protection of personal information in the form of uniform legislation,and attaches great importance to the privacy and personality of natural persons.Whether it is the establishment of specialized agencies,the practice of EU law directly applicable to member states,or the clear "consent" rules applicable to personal information,they are all based on Strict protection of personal information is the center.Japan’s "Personal Information Protection Act" is the basic law for the protection of personal information,and the Personal Information Protection Committee,a supervisory authority for the protection of personal information,has been established.At the same time,it pays attention to the promotion of the value of information circulation,guards against excessive interference in the freedom of information in the private sector in the legislation of personal information protection,and believes that values such as freedom of speech and freedom of operation take precedence over personal information interests.The fifth part puts forward suggestions for perfecting the private law protection of personal information in our country.First,improve the relevant structural arrangements of the "Civil Code" personality rights edition,and separately stipulate the protection of personal information.Second,the regular application of the principle of "informed consent" for personal information.In order to make up for the obstacles to deletion after the fact,it is possible to set more effective obligations for information practitioners when "agreeing" beforehand,so as to realize the effective use and full protection of personal information.Third,analyze the reasonable use of personal information from the perspectives of commercial and public interest purposes,realize the commercial use of personal information through the path of legal interest behavior regulation,and realize the public welfare use of personal information with the principle of "core" purpose limitation.