Research On The Relationship Between Personal Information Right And Privacy Right In China

With the development of big data technology,the incidents of personal information right and privacy right occur frequently in our country,which has caused the serious infringement to the citizen’s personal information right and privacy right.According to the relevant laws,such as the Civil Code and the law on the protection of personal information,the right to privacy and the right to personal information have overlapping parts,moreover,it can not effectively protect the rights and interests of personal information and privacy.Through sorting out the research results of the right to personal information and the right to privacy in the academic world,we find that there are three different theories about the relationship between the two,it is believed that there are inclusive relations,parallel relations and cross relations between the two.However,through the existing laws and regulations,the author finds that there is an overlap between the right to personal information and the right to privacy,therefore,the author agrees that the right to personal information and the right to privacy are overlapping relations.The research content of this paper is divided into five parts.The first part is introduction,this paper expounds the research background and significance,research contents and methods,research difficulties and innovation points,as well as combing the domestic and foreign research on the relationship between Personal Information Right and privacy;The second part is to further define the concept and characteristics of personal information and privacy,which lays a foundation for the following research;the third part is mainly to comb the domestic and foreign legislative models with the method of problem analysis,the fourth part lists three academic viewpoints on the relationship between the right to personal information and the right to privacy,and further clarifies the relationship between sensitive personal information and private information The fifth part analyses the rationality of the cross relation,and points out that the two should be protected separately though they are cross relation.