Research On Private Law Attribute And Legislative Protection Of Personal Information Right

The development of informatization has also brought about a major change in people’s lives while pushing mankind into a new historical period.The economic value and social value brought about by the collection,processing and utilization of personal information have become increasingly prominent.However,in the process of excavating the value of personal information,the behavior of infringing on personal information is also increasing.The right to personal information is a type of right that is generated in the context of this informationization to protect the interests of personal information.To study the legislative protection of personal information rights,we should first clarify the legal attributes of personal information rights.Since the right to personal information has not yet been clarified in China’s legislation,there are huge differences and disputes in the definition of the legal attributes of personal information rights.Through the introduction of the basic theory of personal information rights,this paper summarizes the existing theory of legal attribute of personal information right in the academic circle,and finds the existing personal information right law through the difference between personal information right and privacy right,the analogy analysis of personal information right and copyright.The shortcomings of the attribute doctrine and the dilemma faced by the information age in defining the legal attributes of personal information rights based on the "object interest theory".Under the premise of defining the legal attributes of personal information rights,by examining the status quo of the United States,the European Union,Japan and the legislative protection of personal information rights in China,it is concluded that the existing legislation in China have a vagueness of the right to personal information,the lack of private law relief system and the lack of administrative supervision and other issues.This paper measures the value of the multi-interest on the subject of personal information rights.It believes that the personal information right protects the personal interests and is a specific personal interest,thus defining the personal information right as a new type of specific personality right.This paper combines the specific personality right attribute of personal information right and the existing legislation in our country.It believes that the legislative protection of personal information right in China should adopt the one-member legislative model with personality interests as the core and taking into account property interests and social public interests.By clarifying the rights and status of personal information rights,constructing the right system of personal information rights and the private law relief system to improve personal information rights,establish a perfect civil legal protection system for personal information rights.And at the same time formulate personal information protection laws to strengthen the protection of personal information in different departments.The supervision and management of the industry and the establishment of general rules of industry self-regulation.Thus building a comprehensive personal information rights legislation protection system.