Private Law Protection Of Personal Information

Personal information refers to the information that enable others to identify specific natural person. With the coming of information age, social problems brought by personal information become more and more obvious. Sale calling, smishing have destroyed our daily lives. Personal information has a significant influence, no matter on the personal dignity of citizens, business interests of enterprises or security and stability of the country. Thus, it’s of realistic importance to research on civil law of personal information.Currently, China has not been clearly stipulated right of personal information. In the judicial practice, personal information protection of citizens is usually accomplished through right of privacy. However, there are obvious boundaries between personal information and privacy right in the aspects of attribute, object, protection pattern and information form. It’s of necessity to give personal information right its independent legal status. At the present stage, there exists defects—scattered content, junior level, lack of operability—in current situation of legislation of personal information in China. As a result, the thesis proposes to build up a complete and unified personal information protection system that is based and focused on independent legislation of Act on the Protection of Personal Information.About Act on the Protection of Personal Information, it should be regarded as basic law of protection system of civil law of personal information. The basic law can be used in confirming basic theoretical problems of personal information and adjusting relationship of rights and obligations resulting from personal information processing behaviors. On basis of referring to advanced legislative experience of foreign countries and advice from Chinese experts, the thesis proposes that this law should give consideration to both personal dignity and information freedom and mainly focus on general rules like legal concepts and application range, basic principles, rights and of information subjects, obligations restrictions of information processors and exceptional circumstances.About Contract Law, the thesis proposes that when there is no agreement between the parties, the obligation of proper keeping of personal information should be regarded as collateral obligation of contract, including duties of confidentiality, notification and security. The criterion of authority boundary of personal information licensing contract should be requirement of a particular purpose or be able to foresee. Model contracts relating to the personal information should contain essential clauses like purposes of information collection and processing and identity and address of information collector and representative.About Tort Liability Law, the thesis proposes that we should apply the multiple imputation principle according to different subjects. To Non-official authority, doctrine of presumption should be applied; while to official authority, principle of no-fault liability should be applied. Moreover, in order to strengthen the protection of rights of personal information subject, the thesis insists on raising damage awards through setting the amount of property damage compensation standard, expanding the scope of compensation for mental damage and introducing punitive damages in certain situations.About Civil Procedural Law, the thesis insists on strengthening protection of personal information of citizens through confirming scope of the main body of the defendant, applying reversion of burden of proof and introducing group lawsuit system.