Research On Illegal Type Of Personal Information Use

Recently,with the rapid progress in the field of information technology,the tendency of improper use of personal information has become increasingly prominent.Such as illegal disclosure of personal information,and the misappropriation of personal information.Due to the uncertainty nature of personal information,there is a certain degree of ambiguity in the determination of the illegal use of personal information under the current civil law system.As for the use of personal information,the current legislation in China mainly focuses on the administrative law and criminal law,while the protection under the civil law system is relatively weak.In the face of many illegal use of personal information in the civil sector,compared with the regulations of the executive authorities and state power,the protection in private law can better deal with the illegal use of personal information.Under the current law,it is necessary to sort out the illegal circumstances of the use of personal information.China has successively issued civil legislation concerning the protection of personal information.The "Network Security Law" has defined the personal information in a relatively definite way,the "General Principles of Civil Law" 111 further clarifies should be mood and should not be mood.This Paper selects the use of the statutory personal information as an entry point,and categorizes cases of illegal use in combination with practical cases.First,this paper starts with the legal regulation of illegal use of personal information.Based on the analysis of the provisions of the current law,and based on the previous judicial practice,the privacy right treatment model was used as a representative model.From the perspective of the nature of privacy right mode itself and the scope of privacy right,the current regulatory deficiencies were clarified.Next,from the interpretation of the provisions of Article 111 of the "General Principles of Civil Law," this article interprets the meaning of the law and its meaning of "illegal use." It also discusses the definition of personal information,and combines the identification of the “Internet Security Law” with the enumerated definitions to clarify the identification theories and different classification ways of personal information.Further,considering the provisions in Article 111 of the "General Principles of the Civil Law",after discussing the problems of the doctrine of the right to personal information and its significance in solving practical problems,it has clarified the obstacles to the rightization of personal information.At the same time,the proofs and explanations in this section can also serve as a reference for case material retrieval,providing guidance for the collection of cases about illegal use.After this case was collected,the use of personal information was typed.This article abstracts out two major categories and six typical situations in which personal information is used illegally,typical types of illegal use: disclosure of information type,intrusion and tranquil type,misappropriation type,and atypical illegal use type:disguised infringement of property type,trading personal information type,illegal collection type.Combine typical cases to analyze and discuss the illegality in each case and determine the extent and scope of illegal use under various circumstances.Under the premise of not involving the discussion of the rightization of personal information,it explores the defining standard of illegal use of personal information.Scholars who research on the protection of personal information are mostly based on the rights of personal information.However,in the current academic research progress,the treatment of personal information rights as a certain kind of absolute right is difficult to achieve breakthroughs under the current law.In this case,this paper has evaded the path to the rights analysis and dialect of personal information.Under the premise that China's legislation has relatively determined the scope of personal information,the use of the wrongful use of personal information is selected as the research perspective,and the typical situations are summed up from the perspective of illegal behavior to better interpret and apply Article 111 of General Provisions of Civil Law.