The Protection Dilemma Of Personal Information And The Regulation Of Civil Law

Personal information is the product of the era of big data.Looking at the relevant legal provisions of personal information protection at home and abroad,it is imperative to establish a special legal system of personal information protection.In China,the protection of personal information starts from the need of the government to exercise the administrative function.With the development of science and technology,the sporadic laws published and implemented solely for the purpose of administrative management can no longer meet the increasingly severe needs of personal information protection.Therefore,due to the urgency of personal information protection,China's legislative provisions on personal information have gradually enriched and gradually scattered in civil law,criminal law,administrative regulations and regulations of various departments.However,the scattered provisions are difficult to form a unified system for the protection of personal information due to the difference of legal rank and value orientation.In practice,there is often a lack of legal management or difficult to link up with each other.Personal information protection in China is in the early stage of special legislation,the General Provisions of the Civil Law,the National Intelligence Law,the Supreme People's Procuratorate,some judicial interpretations of the Supreme People's Court and other relevant laws have made the definition and protection scope of personal information in accordance with the value orientation of this law,resulting in different concepts and protection scope of personal information.In response to the above problems,both the newly promulgated Civil Code and the Personal Information Protection Law(draft)have made specific provisions on the protection of personal information.The Civil Code as the basic law and the Law on the Protection of Personal Information,a special civil law,have made corresponding provisions by setting up the basic categories,basic principles,specific codes of conduct,the legal obligations of the information handler and the remedy of the rights and interests of the civil damage of personal information.It provides legal support for the civil law protection of personal information.