Research On The Civil Law Path Of Personal Information Protection

With the development of Internet economy and the innovation of Technology,the personal information of citizens is constantly enriched in content and form,and there is a large amount of personal information collection behavior in both commercial subjects and governments,the legal protection of personal information is an inevitable requirement of social development.There are some shortcomings in protecting personal information from the aspect of public law,such as lack of systematicness and unable to arouse the enthusiasm of information subject,so it is necessary to perfect the legal system to explore the protection of personal information from the aspect of civil law,the importance of responding to social needs.Compared with the legislative practice in other parts of the world,the personal information protection in the European Union has the characteristics of unified legislation and strengthened personal information control.The right of personal information is protected by the Civil Code of China,but there is not a civil law which provides a comprehensive system for the protection of personal information.At present,the security of personal information is facing the risk of all kinds of data tracking and collecting,and the existing tort liability system brings heavy litigation burden to the main body of defending rights,and the enthusiasm of individual defending rights is insufficient.In order to solve this problem,we should introduce a comprehensive personal information protection law as soon as possible,make clear the scope of information protected by law,and perfect the compensation system of personal information infringement At the same time,from the perspective of tort liability law,we should adjust the burden of proof and the standard of proof,appropriately increase the burden of proof of the subject of tort of personal information,and lighten the burden of defending personal rights,we should explore to make the public interest litigation play a greater role in the lawsuit of personal information infringement,and establish the linkage mechanism between the individual rights protection and the public interest litigation,so as to enhance the effect of the personal information rights protection.