The Protection Of Personal Information By Civil Law

Personal information continues to emerge from the day one is born.Personal information is a symbol of people's identity and is a link between individuals and others,and society.Since ancient times,in addition to normal contacts,personal information has been collected as information necessary for state management.However,due to technical limitations,other use cases of personal information are not uncommon.In the information age,with the advancement of the information industry and the rapid development of Internet technology,computer-based information technology has facilitated the collection,processing,and use of personal information and made it more efficient.This has brought about the protection of personal information.A new challenge.In practice,the violation of personal information is becoming more and more serious,and the resulting consequences are broader and have a greater impact.Personal information is illegally collected,collated and used,and it has a negative or large influence on the parties involved in personal information.This effect is not only an effect on the spiritual interests,but may also include the influence of material interests.From the frequent occurrence of "human flesh search","telecom fraud" and other incidents of infringement of personal information,it can be seen that the personal information protection situation is rather severe.Under such an era background,the "General Principles of Civil Law" implemented in 2017 has emerged as a result of the protection of personal information by the civil law,which reflects the country's determination to strengthen the protection of citizens' personal information.From the perspective of civil law,this article examines the issue of civil law protection of personal information in order to balance personal interests and information development and provide ideas for future personal information protection legislation.Regarding the protection of personal information,there are phenomena that emphasize "criminal punishment" and "administrative management" and light "civil protection".Because the existing legislation does not have the concept of “personalinformation right”,citizens often file lawsuits on the basis of the violation of personal rights such as privacy rights and reputation rights when personal information is violated.This method of indirect protection of personal information is due to the disclosure of personal information.The relevant evidence is difficult to collect and it is difficult to prove the scope of the damage.The legitimate rights and interests of the information subject are often difficult to guarantee.The first problem to be solved in order to protect personal information is to determine the legal nature of personal information.The academic community has different doctrines about the legal attributes of personal information.The author believes that personal information should be the object of an independent individual personality right.With regard to the choice of the legislative model for personal information protection,the author believes that China should absorb the strengths of the American model and the European Union model and establish a personal information protection system that meets its own national conditions.In addition,the principle of the infringement of personal information and the determination of the scope of compensation are also very worthy of study and should be taken seriously.