Commercial Utilization Of Personal Information And Legal Regulation

Personal information with economic value has become an irreversible fact, nomatter it is traded as a commodity or as a tool for advertising, whether it is legal orillegal, regardless of the area of sales or manufacturing, the role of personalinformation in the information age is more than the representatives of the personalityand image, but as a social resource to explore and utilize. The scarcity of resourceswill inevitably lead to competition, the unrestricted competition will inevitably lead toconfusion, and the root of confusion is the random lawlessness. The thesis of thispaper is discussing how to improve our legislation, righting the irregular status ofcommercial utilization for personal information.The discussion is divided into six parts.For the introduction, the author mainly makes a description for the background,meaning, purposes, demonstrate ideas, argumentation methods and innovations of thetopic.The first part draws forth practical problems of china’s lack of legal protectionfrom a few cases that property interests hosted in personal information are violated,leading to think about Legal Regulation of commercial utilization of our personalinformation.The second part first makes a brief description of the concept of commercialutilization of personal information, the content and classification of personalinformation, then carefully analyses status quo of the personal information to be usedfor commercial activities generally, indicating that personal information has becomean important social resources. Finally, enumerates a series of negative consequencesfrom the misuse of personal information because of legislative vacancies, bring outthe urgency of the legislation to the commercial utilization of personal information.The third part introduces legislative status quo for commercial utilization ofpersonal information about the United States and Europe, providing a referenceproposal for our legislation recommendations and views in the fifth part.The fourth section details representative view doctrine of our theoretical circleslegislation to protect commercial value of personal information, a number of recommendations in the fifth part of the author base on the view of this part toexpand.The fifth part is the core part of this article, the innovation of this paper is mainlyin this part, including the attribution of personal information and property interests,the legalization form of utilizing personal information, the form of relief andimputation principle.The epilogue concludes the paper center, emphasizing the core point of view ofthe author.