The Research For The Personal Data Right's Position In The Legal System

In the modern information society, the right of the individual data subjects of legal protection has become a very important legal issue. As an important community resource, personal information has very high value.The rapid development of modern information technology, in making data and information transfer, processing and use patterns more flexible, faster, but also to make personal data more vulnerable to violations of the rights of the subject. Personal information had been improperly collected, malicious use.The phenomenon becoming more common, not only peace of the individual lives have been greatly disturbed, individual life and property security risks are also becoming increasingly prominent. Against this background, the main body of personal data protection of the rights has become a new, global legal issue of increasing attention. A growing number of international organizations, countries and regions subject of personal data protection of the rights attention. According to statistics, so far, the world's developed specifically for the rights of personal data protection laws of the main countries and regions have been more than 50. At present, the main body for personal data right protection in China is still in its early stages. In theoretical circles, with regard to personal data right's connotation and denotation, individual data subjects the right to civil rights in the positioning system, these basic theoretical problems still exist in their differences, the lack of consistent knowledge.Although the protection of personal data right involves many areas, but it should be recognized that the interests of personal data subject's personality is the main point of a personal information protection,But to fully improve the protection of individual rights of data subjects, the first premise is to solve the right of individual data subjects to civil rights in the positioning system. In the civil rights perspective, this paper integrated use of the method of jurisprudence,historical study,comparative study, etc. to discuss and explore the rights of the individual data subjects. Of the rights of the individual data subjects, the right of the basis of personality are discussed in the comparative law perspective on the subject of personal data protection of the rights model of concept, analysis of specific subjects of personal data protection of the rights system and other issues. n addition to the introduction text, the total is divided into three parts.The first part is an overview of the civil rights system and personal data right,pointing the concept of civil rights and personal data right are unique.The main emphasis at this stage is to strengthen necessity and urgency of the protection of personal data. The second part is to in detail sort out the current academic communities on the nature of the personal data right. The third section focuses on the nature of the rights of individual data subjects, and compares the five existing theories, Finally concluded that: personal data right is only in the personality right protected mode to get the most complete protection, which is the focus of this article.