The Constitutional Protection Of Citizens’ Personal Information

The era of digital information has arrived,and informatization and intelligent equipment have been fully integrated into people’s lives.At the same time,some state agencies,commercial organizations and individuals are also deliberately collecting,storing,processing,and transmitting people’s information and data.Personal information in the digital age is facing huge risks and hidden dangers.In recent years,there have been endless cases of citizens’ personal information being violated by various subjects.In the era of big data,how to balance the relationship between economic and social development and personal information protection is a problem we must face.Based on a comprehensive review of my country’s personal information protection legislation,this paper analyzes recent typical cases of personal information violations,and concludes that my country’s personal information protection system still has a small number of laws and regulations,too general protection,and low levels of effectiveness.Especially in the face of the infringement of the main body of public power,our existing protection system has been unable to provide sufficient and effective protection for citizens’ personal information.Therefore,this paper proposes to upgrade the protection of personal information to the constitutional level.Because the Constitution,as the fundamental law,can provide more systematic and comprehensive protection for personal information,reflecting the affirmation of the value of human dignity.It can not only effectively fight against the infringement of public power,but also play the objective value order function of basic rights,provide guidance for the legislation of other departmental laws,and improve my country’s personal information legal protection system.From the perspective of extraterritorial law,building a personal information protection system at the constitutional level has become a common practice in countries and regions with relatively developed extraterritorial legal systems.Both Germany and the European Union have established the status of personal information rights in the Basic Law,and then comprehensively and systematically protect personal information;the United States relies on its developed privacy theory and the constitutional right to privacy.Separate regulations for non-public areas.The practices of extraterritorial countries have great reference significance for my country’s personal information protection.In terms of specific arguments,Article 33 of the Human Rights Clause and Article 38 of the Human Dignity Clause of the Chinese Constitution provide a constitutional basis and room for interpretation for personal information to be protected by the Constitution.This article proposes that the "right to protection of personal information" in the constitution should be used as the basis of rights for personal information rights,and a new approach is taken to interpret Article 38 of the Constitution from the perspective of the personality rights codified in the Civil Code.The Civil Code,as the basic law of the country enacted by the National People’s Congress,reflects the common will of the people of the whole country,so the text of the Civil Code is quite authoritative.However,the provisions on the protection of citizens’ information rights included in the Personality Rights Section of the Civil Code form a clear relationship of superior and superior laws with Article 38 of the Constitution,"The personal dignity of citizens shall not be violated".Therefore,the Civil Code The stipulations on citizens’ information rights in Chapter 6 of the Personal Rights Volume actually constitute a legislative interpretation of Article 38 of the Constitution,"Inviolability of Personal Dignity".In the article,the right to protection of personal information is also a basic human right and must be protected on an equal basis with other basic rights.Finally,this paper puts forward several suggestions for the constitutional protection of personal information in our country based on the trend of the times and the current situation of our country.First of all,it is necessary to strengthen the basic right status of the right to protection of personal information,improve relevant legislation on this basis,conduct special legislation on the subject of public power,and adopt a method of legislation for private subjects in different fields.To balance the relationship between personal information protection and government information disclosure,we must also pay attention to the violation of the information rights of Chinese citizens by international capital.