On The Civil Law Protection Of Personal Information In The Age Of Artificial Intelligence

With the booming development of artificial intelligence technologies such as big data,face and speech recognition,and machine learning,citizens’ personal information not only reflects their personal interests,but also shows great economic value.In recent years,the personal information infringement cases increased year by year,variety,the kinds of tort infringement means also more hidden,but the main body in the current legislation of information to protect its legitimate rights and interests play a role of personal information is very limited,so to strengthen and perfect the civil law protection of personal information age of artificial intelligence is imperative.From a global perspective,some Western countries have realized the importance of strengthening legal protection of personal information in the era of artificial intelligence,and actively introduced relevant legislation,which has formed a relatively complete legal system.In order to deal with information security risks,China has also issued a series of laws,among which the Most eye-catching is the Personal Information Protection Law of the People’s Republic of China(hereinafter referred to as the Personal Information Protection Law),which was deliberated and approved by the Standing Committee of the National People’s Congress on August 20,2021.Along with the advancement of information technology to speed up the further,in response to the theory and practice for the legal protection of personal information under the age of artificial intelligence,the civil code in China also early in the form of legislation will be designated personal information rights,found through analysis of the relevant law,however,the civil code for more to the provisions of the personal information protection,operability is not strong,In particular,there are no specific provisions on what measures should be taken to deal with the new problems of civil law protection of personal information in the era of artificial intelligence.this thesis takes the civil law protection of personal information as the core and launches a more in-depth discussion on this issue.In addition to the introduction,this thesis mainly includes four parts:The first part analyzes the basic problems of personal information right.this thesis mainly introduces the conceptual differences of personal information right in the academic circle,classifies personal information right from different perspectives,and explains the disputes on the attributes of personal information right in the academic circle.It summarizes a more reasonable definition of personal information in the era of artificial intelligence,that is,personal information refers to the ability to accurately identify the identity or characteristics of a natural person.Information that is recorded in the form of text,audio or video and stored in a specific media and of certain significance to natural persons.At the same time,it compares and analyzes four mainstream theories about the legal attribute of personal information in the academic circle: the theory of personality right,the theory of property rights,the theory of new Internet rights and the theory of new personality rights,and finally draws the conclusion that the viewpoint that the right of personal information should belong to the independent personality right is more reasonable.The second part analyzes the legislative and judicial status and existing problems of the protection of personal information right in the era of artificial intelligence.From the point of view of legislation,"Personal Information Protection Law" has been promulgated,but there is still room for improvement in the special field legislation of personal information protection in China.At the judicial level,personal information infringement cases caused by the application of ARTIFICIAL intelligence are gradually increasing.Although plaintiffs have a high success rate,courts of similar cases have different judgment bases,which reflects the deficiencies of China’s current legislation.Outstanding performance in the current legislation of personal information not clear stipulations rights attribute,the existing tort liability cognizance rules is difficult to adjust to the new features of artificial intelligence era,the personal information protection act and the civil code has not been specified standard of "excessive" and inadequate relief of personal information,etc.,needs to be in the form of a perfect law.The third part analyzes the similarities and differences in the legal protection of personal information right,taking the United States,the European Union and Japan as examples.The EU adopts the uniform legislation model,at the same time,each member state also has special laws to protect citizens’ personal information;The United States follows the model of decentralized legislation,the legal provisions of personal information protection scattered in various legal documents;However,Japan takes the advantage of the two legislative modes to protect the information subject’s right to personal information through the legislative mode of unification and division.Comparative analysis for the three legislative models,found their differences mainly exist in the guiding ideology,theoretical basis and the differences of legislative model,and with the personal information protection act of our country develop comparative analysis,based on the information about how to perfect our country the enlightenment of the personal information protection act that our country should be based on its national conditions,Strengthen the protection of information subject personal information,and always pay attention to the change of international standards,keep up with international development.The fourth part emphatically analyzes in the age of artificial intelligence how to better improve the personal information protection of civil law in our country,through the summary analysis,should first improve the personal information of the civil law protection of shortcomings,such as perfecting the personal information protection act provisions on artificial intelligence technology infringement and to involve the use of artificial intelligence technology in areas of special legislation;Secondly,we should perfect the right structure of personal information,clarify the status of personal information right and protect personal information in different levels.Thirdly,it is necessary to improve the identification rules of personal information tort liability adapted to the era of artificial intelligence,clarify the ways of personal information tort liability in the application of artificial intelligence,improve the principle of liability attribution of personal information tort liability,clarify the identification standard of "excessive collection of personal information" in the form of legislation,and improve the civil remedies for personal information.Fully protect the information subject’s personal information right from infringement and promote economic development.