The Legal Attribute Of Personal Information Right In The Online Environment

Personal information is not an inherent concept.It is a concept with specific connotation different from personal data and personal privacy.Through the comparison of the concept of personal data,the concept of personal privacy and the interpretation of the meaning of personal information,the personal information can be defined as personal information,which is used to describe and express individuals,or to identify individual information accordingly.The right to personal information is a general term for all kinds of rights enjoyed by natural persons on their own personal information.The right of personal information is a set of comprehensive rights,which takes the subject of information as the subject of rights and the object of personal information as the right,and covers individual rights and property rights of individual information.Foreign concerns about the rights and interests of personal information are earlier and deeper.At present,the protection mode of personal information rights and interests based on different legal systems and legal theories has been formed.Among them,Germany takes the personality right of personal information right as the medium,and protects the right of personal information into the category of general personality right by the way of reinterpreting the general personality right in the constitutional referee.In the United States,the concept of privacy is constantly expanded in the case of courts at all levels,and the right to privacy is protected by its unique privacy theory system.Our country pays close attention to the problem of personal information rights and interests of citizens relatively late and less,but with the breakthrough in recent years,it has been roughly formed.In the content of rights and interests,the property interests and personality interests are recognized.In the rights attribute,the person is mainly considered as the right of personality.In the way of protection,the law has been listed as the specific personality right.The mainstream of protection.At present,the understanding of the right attribute of the right of personal information at home and abroad is generally divided into the ownership theory,the right to privacy,the theory of personality right and the double rights theory,and some scholars have also understood it as the basic human rights of the citizens.Personal information is closely related to individuals.The identification of specific individuals and the expression of personal personality determines that the right of personal information inevitably includes the great personality interests of natural people.But at the same time,personal information in the Internet era is also a property that contains great value of property and value of commercial development.The property rights contained in it should not be neglected.The Internet era has distinct characteristics of the times,such as online and offline integration,transparency,de centralization and platform,digitalization and datalization,which have an important impact on personal information and property interests.In the Internet environment,personal personality can be expressed in the virtual space without restriction,so that the type and quantity of personal information increase geometrically under the Internet platform.The content of personal information is also extended from the simple personal information to the traditional personal information,and the personal information of the whole department.At the same time,the series of information on the line leads to the integration of all personal personal information to a particular person.This kind of connection and transparency can make the disclosure of any individual information may develop into the exposure of all personal information,thus seriously infringing the rights and interests of the citizens.The protection of personal interests in personal information and personal information has risen to the level of other citizens’ basic rights,such as freedom and right to life.At the same time,the digital data of the Internet age makes the personal information more easily cut and fuzzy processing,and solves the difficulty of the personal information difficult to handle with the individual,and the information and large data also make the commercial development price of personal information greatly improved.Personal information contains property interests,and will become even greater.Therefore,in the Internet era,the right to personal information and the property right are the right to be concerned and fully protected.At present,the legal system of personal information protection is not perfect in China.The 111st article of the general law of civil law,promulgated in March 2017,provides for the first time in the basic civil law that the personal information of the citizen is subject to the law,that is,the protection of civil law.This provision stipulates the rights and interests of citizens’ personal information to be inviolable by enumerating the obligations of the obligor to the citizens’ personal information.However,such vague rules are far from meeting the needs of comprehensive protection of citizens’ personal information rights.Among them,we should focus on solving the problem of determining the right of personal information as a right and confirming the dual right attribute of personal information right.If the existing conditions can not directly recognize the dual rights attribute of personal information rights,it will also leave room for future open interpretation.