The Legal Regulation Of Personal Information Commercial Utilization

Personal information is each natural person’s unique characteristics through the mastery of personal information tend to form the understanding of behind the main body.In the present moment,the personal information has no longer limited to information subject,its commercial exploitation is the trend of economic development also the demand of information subjects to enjoy convenient service.Therefore,we must face up to the phenomenon of personal information commercial utilization.In addition to make utilization of criminal sanctions for commercial abutilization,also want to provide the behavior of commercial utilization with legal regulation to follow.However,at present in our country only criminal law provides regulation on illegal utilization of personal information,but no personal information protection law can regulate this civil behavior,and the existing other regulating documents are also existing shortcomings.Therefore,in order to solve the current problems in commercial utilization of personal information,formulate specific personal information protection law or attach the rights that subject of personal information owns to current civil law and then adjust it,is this article’s research objectives.In this article,through the analysis of the judicial practice case,summed up existing problems in our country’s commercial utilization of personal information at present,such as the right of personal information attribute is not clear,the lack of operability for the behavior of commercial utilization and tort relief is imperfect an so on.On the basis of using the experience of decentralized legislation and industry self-discipline regulation mode of combining represented by the United States and the unified legislation regulating mode represented by Germany,make some regulation suggestions for the commercial utilization of our country’s personal information,determine the individual’s right to information on the attributes,clear the basic principles of commercial utilization,ensure the rights of information subjects and the obligation of the subject of the commercial utilization,improve personal information tort relief system and raise the barriers to entry the road of personal information bussiness utilization.