Research On The Protection And Utilization Of Personal Information From The Perspective Of The Civil Code

The popularity of big data information technology has reduced the difficulty of obtaining other people's information.Cyber manhunt,sales call harassment,website browsing information hijacking and other incidents involving personal information are getting common.In today's social context,personal information involves both personality and property.The rights and interests of personal information have the need to be protected and used at the same time,and the two needs are of equal importance.The traditional personal information protection is a kind of protection of post event relief mechanism,and the relief is mainly based on the provisions of tort liability law.The characteristic of this relief mode is that the infringement fact occurs first,and then there is corresponding relief.The reason why this relief mode is not conducive to the protection of personal information rights and interests is the lack of preventive measures.Article 111 of the Civil Code issued in May 2020 stipulates that personal information of natural persons is protected by law,which indicates that personal information is officially protected by civil law in China.The Civil Code also distinguishes personal information from privacy,and the relationship between the rights and interests of personal information and the right of privacy is clearer.Moreover,the Civil Code also stipulates the rights of the personal information subject and the way to claim compensation for the personal information processor.The Civil Code has solved the first big problem of the protection of personal information rights and interests,that is,the relationship between rights and interests of personal information and the right of privacy,which shall be praised.However,for the second problem of the protection of personal information rights and interests,taking the protection and utilization of personal information rights and interests both into account,there is still room for further improvement in terms of the current legal provisions.This paper takes "the construction of personal information classification mode" as the starting point to solve the problems in the protection and utilization of personal information rights and interests,and points out the advantages of "classification mode based on value" by comparing "classification mode based on processing behavior" with "classification mode based on value",that is,it can not only protect personal information rights and interests,but also improve the utilization efficiency.