Study On The Legislative Protection Of Personal Information Right

At present,the general rule of civil law in our country has established the protection of the right of personal information,while the special laws on the protection of the right of personal information have not been formulated.In order to establish the legislative pattern of personal information protection,the legal attribute of the right of personal information should be determined first.Personal information right not only carries the interests of the information subject,but also includes the property interests,which directly reflects the personal dignity.It can be defined as the right of the information subject to occupy,control and use personal information,and exclude the right of others to infringe illegally.The legal attribute of the right of personal information is an independent new personality right.In today's information age,the multiple use of personal information has become the trend of the times,and the disputes related to personal information have become more and more.However,in China's current legal system,except for the newly formulated general principles of civil law,there is basically no provision for protection of personal information rights.In the judicial practice of our country,it is also the direct personal information which is closely connected with the personality,such as the name,the address,the way of contact,the portrait and so on.In the two fields of legislation and practice,the lack of the protection of personal information rights has become the real motivation to speed up the construction of the legal system of the right to personal information.In view of the development stage of China's socialist rule of law,based on China's national conditions,we should study and draw lessons from the relevant legislative models of individual information rights abroad.The author believes that the construction of the legislative mode of personal information right should be taken first from the civil code level.The general principles of civil law in our country have generally confirmed the right of personal information,not within the right of privacy.In addition,taking into account the content of personal information right very much,also including the technical terms of the need to develop the personal information protection law to the right of personal information is in the center of the civil code,and personal dignity in today's complex information society is the main body of information security and ensure legitimate circulation of personal information.To sum up,in the legislative mode of building our personal information right,we should reasonably identify the right of information subject to control,use,gain,relief and other rights to personal information.In addition,in the legislative content,the right to personal information should be restricted to a certain extent.Compared with the general sense of personality right,personal information right has query,correction and other positive power and property interests.Therefore,the relevant civil liability for infringement of personal information right should be clear.