On The State's Obligation To Protect The Right To Personal Information

The continuous innovation of information technology brings greater challenges to the protection of personal information.Since personal information carries the fundamental value of human dignity,coupled with the changes in the main social contradictions in my country's new era,the right to personal information can be justified.At the same time,the discourse system of the basic rights of personal information right should not be avoided.Personal information right as a basic right has rationality,legality and reality.It is precisely because the right to personal information has the attributes of personality,property and publicity,so the protection of the right to personal information not only requires individuals to control the personal information,but also requires that the circulation of personal information should not be hindered,so as to achieve a balance between information protection and obligations.The subjective defense function of the personal information right as a basic right requires the state to fulfill the negative obligation of respecting private life and avoiding interference with personal peace;the objective law function it has requires the state to perform in the "user-platform-state" trilateral relationship Positive protection obligations.Through the analysis of the national protection obligations under the Personal Information Protection Law,it is suggested to build a comprehensive legal protection system with multiple coordination,and at the same time,strengthen industry self-discipline and encourage public participation,so as to form an all-round protection of personal information rights.