| The issue of personal information protection is accompanied by the continuous development of information technology,and gradually pays attention to the theoretical and practical circles.In the process of information technology development,"information" is both an important medium and a new social resource.As massive information is collected,processed and used indefinitely in the process of information processing,it brings not only the convenience of life,but also the illegal disclosure or use of other people’s information,thus causing unnecessary damage to others.In the process of information processing,especially the use of personal information is most important.In addition,the use of personal information will inevitably touch the personal interests of the information subject.This is also determined by its personality attributes,which further demonstrates the importance of protecting personal information.Therefore,in the process of information utilization,it is necessary to balance the relationship between the interest appeal of the information subject and the legal use of the information.To this end,this paper combs the relevant theoretical theories of personal information protection,compares different legislative models of different countries,and gives the inadequacies of traditional personal information protection mode based on the status quo of China’s judicial practice.Based on this,we will give appropriate suggestions for the construction of China’s personal information protection law in the future.There are four main theoretical perspectives on the protection of personal information in the academic world.That is,the theory of general personality rights,the theory of privacy rights,the theory of self-determination of personal information and the theory of personal information property rights.The first three theories are based on the protection of human dignity and freedom,and the personal information property rights theory pays attention to the economic value of personal information.Based on the comparative analysis of the above four types of theories,this paper concludes that personal information protection should first be rights-oriented to its interests,and such rights should still be regarded as a kind of specific personality rights.The solution to the problem of personal information protection in China still needs to choose a suitable protection mode.Although the unified legislative model can solve the problem of the rights of information subjects,it is difficult to meet the needs of the free flow of information;the decentralized legislative model focuses on the free flow of information,and its fundamental value is the absolute protection of the right to freedom,but this kind of Modes often make it difficult for information subjects to find appropriate rights relief channels.To this end,under the dual requirements of the protection of personality rights and the use of information values,the unified legislative model should be the main body,and some special industries should be decentralized.Through the compromise of legislation,the balance between the protection of personal information rights in the information age and the development of the digital industry will be realized.The solution to the problem of personal information protection needs to be implemented on the basis of the system.In the last two chapters of the article,it is explained in detail from the normative construction of personal information protection and the liability for breach of contract and tort liability.It is clear that the information subject enjoys the right to use personal information,the right to access personal information,the right to personal information,and the right to correct or delete personal information.The types of personal information and the restrictions on the exercise of rights are described.Finally,from the perspective of contract and infringement,the system problem of personal information civil law protection is solved.The information controller may not transfer the information of the information subject that it has mastered again;if there is an infringement problem,the fault presumption should be applied under the fault liability principle system.Reduce the burden of proof of the information subject. |
