The Civil Law Protection Of Personal Information In Network Environment

Personal information has become valuable resource because it can make peopleidentifiable. Nowadays the development of Internet and technology are benefit tofasten the transfer of information and to help individual get easier access toinformation. Nevertheless, personal information is confronting serious problem,which may detrimental to individual security. Therefore, most internationalorganizations, nations and areas paid much attention on the legal protection ofpersonal information. The protection of personal information involves severalbranches of law, including administrative law, criminal law and civil law. However,considering the legal attribution of the right of personal information, which isreckoned as a specific personality right，civil protection is fundamental means toprotect personal information. In addition, based on the characteristic of Internet,corresponding civil protection mechanism of personal information would be differentfrom that of regular personal information. Grounded on the network environment, thispaper conducted a study of the civil protection of personal information.This paper is divided into four chapters. Chapter1analyses the necessity of civilprotection of personal information, containing defining personal information,presenting the characteristics of personal information under network environment andgive further analysis about if it is necessary to provide civil law protection forpersonal information.Chapter2classifies civil law protection mechanisms of personal informationunder network environment outside China. Through comparing different laws ininternational organizations, nations and Taiwan and Hong Kong in China, and putforward enlightenment of law in China.Chapter3states current civil law protection mechanism of personal informationin China, including direct protection and indirect protection. Moreover, it points outits shortcomings.Chapter4proposes suggestions to perfecting civil law protection of personalinformation in China. Firstly, the right of personal information should be specified incivil law. Secondly, balancing personal information protection and freedom ofinformation during the process of legislation. Additionally, improving the right ofpersonal information subject and the obligation of information controller. Lastly, improving tort liability and compensation of damages.