Research On Legal Protection Of Personal Information From The Perspective Of Civil Code

How to protect personal information has always been a hot topic,so there are many theories about the definition,legal attribute and infringement protection of personal information In many laws and administrative regulations,especially in China’s civil law,the protection of personal information has not formed an effective and perfect system,which indirectly leads to the neglect of the protection of personal information by ordinary people,and even thinks that personal information has no value at all《 The promulgation of the civil code for the first time establishes that personal information is protected by law from the perspective of the civil basic law.It links the protection of privacy right with the protection of personal information and includes them in the same chapter.On this basis,it is summarized as the protection of personality right.In the sixth chapter of the relevant personality right,six regulations are selected to put forward the concept of personal information in detail The exemption clauses and obligations of the information processor,the civil rights of the information subject,the process of analyzing personal information need to comply with the corresponding requirements and regulations,and the protection obligations of the government administrative units for personal information.The above contents can provide a certain degree of effect for the corresponding laws on the civil law protection of personal information,It paves the way for the future development of personal information related legal provisions.However,the standards for the protection of personal information in the civil code are not specific enough.In addition,the interests of personal information held by natural persons are not formulated as separate and detailed civil rights.With the development of information network society,big data technology,artificial intelligence,5g and deep algorithm technology are becoming more and more mature.The huge economic value of data has long been confirmed,and the use of data runs through military,financial,education and other aspects.As a part of massive data,the importance of personal information is self-evident.However,due to the rapid development of science and technology,more and more new types of personal information have been excavated,which also leads to many cases of personal information infringement,such as personal information leakage and illegal collection.What’s more,there have been criminals using the illegally collected personal information to implement precise fraud,Businesses use personal information to make personality portraits of buyers,so as to induce their impulsive consumption.In this regard,the early implementation of the "criminal law amendment(VII)" law clearly pointed out the crime of embezzlement of citizens’ personal information,including stealing or obtaining citizens’ personal information through other illegal means,selling or supplying citizens’ personal information through illegal research and other illegal acts are summarized into the scope of criminal law.However,the criminal law only regulates the activities that encroach on citizens’ personal information to a great extent,but the ordinary personal information infringement needs to rely on the corresponding provisions of the tort liability law in China.From the perspective of the traditional theory of tort liability,the content of tort liability can be divided into four parts: damage fact,infringement behavior,causality and subjective fault.However,in the process of analyzing personal information infringement cases,it is often difficult to judge the infringer and prove the causality,The information subject is often not clear about the fact of damage,so the traditional tort liability rules can not deal with personal information infringement cases.Unfortunately,the tort liability of the civil code does not make special provisions on the infringement of personal information in the new era,and the network infringement related to the infringement of personal information in the tort liability only refines the relevant rules of network infringement on the basis of the original tort liability law,which can not solve the above dilemma.In this regard,on the basis of the provisions on the protection of personal information in the civil code,the author,by reading a large number of relevant literature and referring to the practice of personal information protection in foreign countries,distinguishes information processors from the dual perspective of subject and information processing method,which are the public agencies that use big data technology to process information Other subjects who use big data technology and all subjects who don’t use big data technology should build a ternary liability system to apply different fault liability to personal information infringement in different scenarios.In addition,due to the popularity of web crawler technology,personal information is often controlled by multiple information processors,which leads to the problem that it is difficult to determine the infringer(i.e.the information processor)in the case of personal information infringement.We should learn from the "common dangerous act theory" and apply the rule of causality presumption,so that the rights of the information subject will not be defeated.