Private Law Protection Of Personal Information In Network Data Era

With the development of digital information network,the legal system of personal information protection has emerged,but relatively few private law system."The general civil law" the 111 th as an important law,civil law protection of personal information to provide personal information system of private law.But due to the terms and conditions and the current legislation does not define the legal attribute of personal information,nor made under the terms of violation of personal information infringement,has brought a lot of controversy.Personal information contains the interests of personality and property and is of great significance to the subject of information.The purpose of this paper is to solve the private personal information protection in China’s legislative and judicial predicament,on the basis of the existing legislation,improve the system of private law to protect personal information.Based on the basic theory of personal information,the concept of personal information,characteristics,legal value,and the nature of the personal information is analyzed,and the relationship between personal information and privacy are expounded,so as to make the more clear understanding of the personal information.Furthermore,this paper analyzes the legal system and practical cases of personal information protection in private law of China,and focuses on the problems in legislation,such as too scattered provisions of private law,unclear legal attributes,lack of preventive safeguard rights and tort liability relief clauses,and discusses the limitations of privacy protection in judicial practice,the difficulty of information subject to prove,and the imbalanced development between information protection and information resource circulation.On this basis,analyzed the German and European Union legislation mode of personality right protection and the scattered legislation and industry self-discipline privacy protection mode of experience.Through combing to the plight of private personal information protection in China as well as to the scope of personal information protection experience,this paper argues that,first of all,through the legislative confirmation and personal information law clear and definite attribute,the content of the right to self-determination and learn from Germany,gives the rights of the information subject of affordable,thus to achieve the effect of prevention of personal information by;Secondly,based on the contents of personality interests and property interests contained in personal information,this paper puts forward the protection mode of dual personality rights and property rights,and sets the current imputation principle as the imputation principle of fault presumption,adding specific exemption reasons for personal information infringement,reflecting the bias protection of information subject.Finally,by increasing the flow of information security protection and information resource,and the difference between different sensitivity information protection,so as to balance the information legal interests and the interests of the relationship between information resources flow.