Study On The Civil Law Protection Of Personal Data

The most direct and main source of big data is personal data.Due to the lag of legislative norms and the lack of timely reflection of the pace of development in the information network era,the number of cases of personal data violations is increasing.In essence,personal data should be protected by personality rights law,not property law,because it carries personal interests.At the same time,because personal data has its economic value,its use value and exchange value can also be reflected in social production and life,so it also has some attributes of property.Therefore,incorporating personal data into personality rights law,especially specific personality rights,can also reflect the property attributes of personal data.This paper is mainly divided into four parts.The first part is the evolution of personal data protection system.It mainly introduces the current situation of personal data protection,and under the situation of increasing data disputes at this stage,the existing data protection system is not enough to adapt to the development of the times.It puts forward the model of personal data protection,and carries out the power and adjustment of personal data rights.Discuss.The second part is about the theoretical dilemma and the current situation of the research on the right to personal data.It analyses the different views of the academic circles and the provisions of civil law,criminal law and administrative law.The third part points out that at present,the protection of personal data right is scattered in criminal law and administrative law,and there is no legislative consensus on the rules and protection methods of personal data right in civil law.On the basis of analyzing the attributes of personal data right in civil law and the possibility of being regulated by civil law,the author makes a study of personal data.This paper analyses the nature of personality and property,and puts forward the difference between personal data right and other specific personality rights within the framework of personality rights protection.The fourth part analyses the legislative mode of personal data protection in foreign countries,and puts forward three specific ways: defining the legislative purpose of data protection in our country,restricting collection and utilization,data quality,data security,and constructing rules of data utilization,defining the scope of data utilization,and realizing the balance of data interests.