The Personal Information Of The Civil Law Protection Of Research

In today's society,the personal information has becoming increasingly prominent.Especially after the "General Principles of Civil Law" was issued,personal information was written directly into the law,which provided strong protection for personal information protection.We know that,the protection of personal information in our country's laws is mostly the protection of criminal code and administrative code.Although there are already some provisions in civil laws,these are still far from enough.China has not formed a complete protection system of the personal information,and there are a lot of loopholes in protection.Therefore,we must proceed from basic theoretical research to study the civil law protection of personal information.The concept of personal information means that the natural person's name,gender,date of birth,ethnicity,educational background,marital status,family status,financial status,and health status can identify and determine information that points to specific individuals.It has three characteristics,including humanness and property,and objectivity and treatability.At present,there are not many laws and regulations concerning the protection of personal information in our country.The more representative ones are the General Principles of Civil Law,the Tort Liability Act,and the Personal Information Protection Law(Expert Proposal Draft).In fact,the protection of personal information is currently imperfect.Specifically,there are three major problems.First,the rights basis of the civil law of personal information is not clear,whether it is privacy or right of personality or ownership,and secondly,there are problems with the right of personal information rights,whether legal persons,the deceased and public figures should be protected,and third,the types of rights protected by the civil law of personal information.There is no systematic nature and regulations are scattered and complicated.In response to these questions,the United States,Germany,Japan and the United Kingdom,were inspected.Of course,there are Taiwan,Hong Kong,and Macao regions in China.Their legislation on the protection of personal information on civil law is worthy of us to learn from.After learning from extraterritorial experiences,to improve the above issues,the basis of rights should be the theoretical basis of personality rights.This is similar to the substance and purpose of personal information protection.In the end,the subject of the right to personal information is more appropriate for natural persons,persons are more protective of property rights,and the types of rights included access to information and decision rights.Right of change,rejection,delete,gain and claim for compensation.